The Trump Administration’s Continued Erosion of Protections for Sexual Violence Survivors

For the past week, I’ve been inundated by social media and text messages about the alleged sexual assault incidents at Cornell University and Louisiana State University (LSU). These cases are deeply personal to many women, including me: For the better part of a decade, I’ve advocated for survivors of gender-based violence and harassment as a lawyer, policy professional, and federal government employee. I’ve met countless survivors through my work and carry their stories with me in everything I do. While what happened at Cornell and LSU is enraging, tragic, and heartbreaking, it didn’t surprise me.

We have created a world where either being assaulted or knowing someone who was—whether near their home, in the workplace, or on their college campus—is seemingly inevitable. Sexual violence on campus makes up the greatest proportion (43 percent) of on-campus crimes in the United States. One in eight students experience sexual violence during college, while 42 percent of college students report experiencing at least one incident of sexual harassment while enrolled in school. Those numbers don’t even capture the full picture of the prevalence of these incidents, as campus sexual violence is chronically underreported. The vitriol and victim-blaming in the comments section on any news article or social media post about sexual assault make it abundantly clear why that is the case.

But public opinion is not the only stigma survivors have to face. The Trump administration’s relentless attacks on women and LGBTQ+ people continue to weaken protections against discrimination and assault for all students.

The Trump Administration’s Unrelenting Takedown of Title IX

For over 50 years, Title IX of the Education Amendments of 1972 has prohibited discrimination based on sex in education programs and activities that receive federal financial assistance. This has explicitly included protection for both students and employees from sexual harassment, sexual assault, dating violence, domestic violence, and stalking in an educational setting. Title IX addresses many shortcomings for women in education, including, but not limited to, athletics, support for pregnant and parenting students, and increased educational opportunities. But if the Trump administration continues to get its way, Title IX will be a hollowed-out shell of its former self.

Over the past decade, the Trump administration has repeatedly targeted Title IX. Last week, among headlines about campus sexual assault, the Trump administration’s US Department of Education continued its offensive on Title IX by formally rescinding the Biden administration’s Title IX rule and announced it would now enforce the 2020 Title IX regulations from the first Trump administration. This move both weakens student protections that were created and enforced during the Biden administration while resurrecting harmful policies and narratives crafted during Trump’s first term.

The 2020 Title IX rule made several changes for reporting campus sexual violence, including narrowing the definition of sexual harassment, requiring a live hearing for accused students to cross-examine the survivor through an adviser, and shifting evidentiary standards to limit school liability. To add insult to injury, there are reports that these changes were made after the Department of Education repeatedly consulted with “men’s rights” organizations that claim there is an epidemic of false rape allegations against male college students. It’s evident these changes were made with the intention to discourage survivors from reporting assaults by creating a more burdensome and potentially traumatizing complaint process.

The harms of the Title IX rule change don’t end there. The reinstatement of the Trump administration’s 2020 rule also eliminates explicit protections for LGBTQ+ students established by the Biden administration’s 2024 Title IX rule. The 2024 rule clearly stated that discrimination based on sexual orientation and gender identity was included in the definition of sex discrimination. This is particularly alarming considering how prevalent sex discrimination is for LGBTQ+ students. More than 79 percent of LGBTQ+ students worry about discrimination at their community college. And in Glisten’s most recent school climate survey of K-12 LGBTQ+ students, 62 percent of students reported experiencing verbal, physical, or online harassment/assault because of their sexual orientation, while 68 percent reported similar experiences because of their gender expression.

The Trump Administration’s Dismantling of Discrimination and Survivor Protections

The Trump administration has repeatedly demonstrated its disdain for survivors of gender-based discrimination and violence, as well as the individuals and systems supporting them. They’ve attacked the survivors in the Epstein files, withheld millions in funding from domestic violence and sexual assault prevention organizations, and rescinded longstanding regulations for workforce nondiscrimination protections and guidance to prevent harassment in the workplace. Not to mention the persistent attacks on diversity, equity, and inclusion (DEI) initiatives, further eroding workplace and educational setting protections. These types of actions go beyond impacting the people directly involved. They permeate our culture and create a world where sexual violence continues to be normalized by our leaders and within our institutions.

Although I’m not surprised by the reported Cornell and LSU incidents, I do remain hopeful. Several incredibly brave women at Cornell stood up to their institution—at great personal cost—to investigate, report, and publish Jane Doe’s story. Much like them, I carry the stories of all the survivors I’ve met throughout my career, from the farm workers in Coachella Valley to the tradeswomen in Maine and all the survivors in between.

If you, or someone you know, has experienced sexual assault, you can contact RAINN’s National Sexual Assault Hotline, which provides free, confidential, 24/7 support in English and Spanish at 800.656.HOPE or text “HOPE” to 64673.

This commentary was prepared by Kate Miceli.