A University Makes a Rare Call to Ditch Its Title IX Exemption

Early this year Pepperdine University’s president quietly sent a letter to the U.S. Department of Education’s Office for Civil Rights. The subject line was nearly identical to that of a letter that a previous president had sent, in 1976: "Pepperdine University’s Title IX Exemption."

But the two letters had opposite goals. In 1976 Pepperdine had asked to be made exempt from Title IX, a law that bans sex discrimination at educational institutions that receive federal funds. Now, four decades later, the university was taking the unusual step of asking to waive that exemption.

"Please accept this letter as Pepperdine University’s withdrawal of its 1976 request for an exemption from certain provisions of Title IX of the Education Amendments of 1972," wrote Andrew K. Benton, president of the university, which is affiliated with the Churches of Christ, in the January letter. Within two months, Catherine E. Lhamon, the Education Department’s assistant secretary for civil rights, acknowledged the request, promising to "take steps to ensure that Pepperdine’s status will be accurately reflected."

Read the full Chronicle of Higher Education story here.

U.S. Urges Kansas State to Heed Reports of Off-Campus Rape

Kansas State University’s policy not to investigate accusations of rape in off-campus fraternity houses is “incorrect,” according to federal government statements filed in court in support of two female students at the university.

The two women, Sara Weckhorst and Tessa Farmer, both told the university that they had been raped in two separate episodes at fraternity houses in 2014 and 2015. In both cases, they say, the university would not investigate because the fraternity houses were off campus, even though they were sanctioned fraternities.

Their federal lawsuits, filed in Kansas in April, say the university violated Title IX, a civil rights statute prohibiting discrimination on the basis of sex, by failing to respond to their complaints of rape. Title IX generally governs gender equity in education.

Read the full New York Times article here.

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Reactions to Executive Transgender Protection

This week, Congressmen Ralph Abraham and Brian Babin introduced legislation to amend or prevent the Obama Administration's enforcement of its transgender protection policies and interpretations of Title IX. Abraham's bill limits the use of "sex" in Title IX to mean "biological sex", and Babin's proposal would invalidate the May 13th directive by the Departments of Justice and Education and prevent further federal action.

Read the press release for Babin's bill here, and for Abraham's bill here.

New Federal Guidelines on Supporting Transgender Students Under Title IX

Amidst a recently intensified national debate regarding support for transgender students in schools, the U.S. Department of Justice (DOJ) and Department of Education (DOE) today issued new guidance setting out guidelines for how they will enforce Title IX of the Education Amendments of 1972’s prohibition against denying equal educational opportunities based on student’s sex. The guidance confirms that the DOJ and DOE interpret a student’s “sex” based on gender identity, or that person’s subjective or internal gender, as opposed to sex assigned at birth.

Continue reading here.

U.S. Departments of Education and Justice Release Joint Guidance to Help Schools Ensure the Civil Rights of Transgender Students

The U.S. Departments of Education and Justice released joint guidance today to help provide educators the information they need to ensure that all students, including transgender students, can attend school in an environment free from discrimination based on sex.

Read more here.

Brigham Young Student Who Sought Immunity for Assault Victims Files Title IX Complaint

The Chronicle of Higher Education

The Brigham Young University student who started an online petition to demand that an immunity clause for victims of sexual assault be added to the Mormon institution’s strict honor code has now filed a federal Title IX complaint against the university, the Huffington Post reports.

Read the story here.

Related content:

• At Brigham Young, a Cost in Reporting a Rape (The New York Times)
• As Protests Grow, BYU Releases Unusual Video to Defend Sex-Assault Response (The Chronicle of Higher Education)

Colleges Spending Millions to Deal With Sexual Misconduct Complaints

By Anemona Hartocollis The New York Times

CAMBRIDGE, Mass. — In a brightly lit classroom here at Harvard, Mia Karvonides was trying to explain to a group of bemused student leaders the difference between a romantic encounter and “unwelcome conduct of a sexual nature,” as the university’s relatively new code of sexual misconduct defines it.

Read the story here.

Related content:

• UC Berkeley Again Accused of Being Soft on Harassment (Inside Higher Ed)
• April is Sexual Awareness Month (National Sexual Violence Resource Center)
• Community Colleges Face Special Challenges in Complying with Title IX (The Chronicle of Higher Education - requires paid subscription)

Title IX as a Threat to Academic Freedom

AAUP attempts to reframe debate and put focus on due process and the importance of faculty freedom of speech.

By Colleen Flaherty

The Education Department’s Office for Civil Rights brought needed attention to the problem of sexual assault and harassment on college campuses with its 2011 letter telling institutions to enforce the law. But in so doing, the office has created a slew of new problems with implications for free speech and academic freedom. That’s the premise of a lengthy new report from the American Association of University Professors.

Read the story here.

Related content:

• Tenure Rights and the Rise of Title IX: a Looming Culture Clash (The Chronicle of Higher Education)
• Title IX Interpretations Could Threaten Academic Freedom, Report Says (The Harvard Crimson)
• AAUP Slams Education Dept. and Colleges Over Title IX Enforcement (Chronicle of Higher Education)

Settlement Reached on Title IX Athletics Probe at Buffalo’s Erie Community College

U.S. Department of Education

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has reached a settlement with Erie Community College in Buffalo, New York, to resolve issues of women’s access to athletic opportunities at the institution.

Read the press release here.

New advisor at Temple U. focuses on diversity, equity and Title IX

Valerie I. Harrison brings decades of higher education leadership to the newly appointed role.

President Neil D. Theobald has announced he is centralizing and strengthening university compliance efforts, with a focus on diversity, equity and Title IX. To lead this important universitywide initiative, Theobald has named Valerie I. Harrison, CLA, ’07, ’15, the senior advisor to the president for compliance. Harrison has been serving as senior associate university counsel at Temple. She will immediately begin to assemble a team to develop, implement and coordinate the university’s efforts.

Read the story here.

Wayne State University Found Responsible for Pregnancy Bias on an Internship

Appeals court upholds verdict that Wayne State must pay $850,000 to former student whose pregnancy was subject of inappropriate criticism by supervisor.

By Scott Jaschik, Inside Higher Ed

The U.S. Court of Appeals for the Sixth Circuit has affirmed a jury finding that Wayne State University failed to respond to pregnancy-based discrimination against one of its students. For failing to do so, Wayne State must pay $850,000.

Read the story here.

Education Dept. Defends Its Approach to Title IX in Face of Senate Pressure

By Peter Schmidt, The Chronicle of Higher Education

The Education Department is standing by its controversial guidance to colleges on sexual harassment and sexual assault in response to questions raised by a prominent Senate critic.

Read the story here.

Related content:

• Colleges Are Frustrated Over Lack of Clarification on Title IX Guidance (Inside Higher Ed)
• Why a Congresswoman Is Pressing Colleges to Do More on Harassment (The Chronicle of Higher Education)
• Astronomer Geoff Marcy’s Downfall (The Chronicle of Higher Education - requires paid subscription)
• Lawmaker Calls Out a Professor — and Colleges — on Sexual Harassment (The Chronicle of Higher Education - requires paid subscription)
• Peyton Manning mentioned in Title IX lawsuit against University of Tennessee (CNN)

Federal Government Remains Focused on Title IX Compliance

By Olabisi Okubadejo, Ballard Spahr LLP

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's prohibition against sex discrimination, including sexual harassment and sexual assault.

Read the press release here.

Related content:

• Education Dept. Defends Its Approach to Title IX in Face of Senate Pressure (The Chronicle of Higher Education)
• Campuses may be ill-equipped to handle sexual assault, but it's the law (Education Dive)

Sexual Assault Allegation Shakes Conduct Group

President-elect of organization of officials who play key roles in Title IX cases accuses her predecessor of sexual misconduct.

By Josh Logue, Inside Higher Ed

The president-elect of the Association for Student Conduct Administration published an open letter on Twitter Wednesday evening, the first night of the organization’s annual conference, in which she says she was sexually assaulted by its former president-elect and that the ASCA “has not had my back” in the incident’s aftermath.

Read the story here.

Related content:

• Indiana Title IX Administrator, Accused of Sexual Assault, Resigns (The Chronicle of Higher Education)
• An Administrator’s Rape Allegation Shakes Student-Conduct Group (The Chronicle of Higher Education)

Florida State to Pay $950,000 to Settle Title IX Suit by Quarterback’s Accuser

The Chronicle of Higher Education

Florida State University will pay $950,000 to settle a federal Title IX lawsuit filed by a former student who said she had been raped by a star quarterback for the Seminoles, USA Today reports. The university also agreed to make a five-year commitment to prevention and training programs.

Read the story here.

Ed Dept. Pledges Transparency on Title IX Exemptions

Inside Higher Ed

The Education Department's Office for Civil Rights has pledged to make it easier for prospective students to find out if colleges they may want to attend have applied for or received exemptions to parts of Title IX of the Education Amendments of 1972. Under the law, religious colleges may receive exemptions to provisions that conflict with the teachings of their various faiths. In the last two years, many such colleges have sought and received exemptions that apply to gay, lesbian and transgender students. Many of these colleges bar those in same-sex relationships or who are transgender from being either students or employees. The Education Department has responded to requests for names of the colleges receiving exemptions, but some groups and some lawmakers have said the department should go further and make sure this information is public.

Read the story here.

Related content:

• Education Dept. Releases Title IX Exemptions, Requests (Inside Higher Ed)
• The Religious Exemption to Title IX—What It Is and How It Works (Husch Blackwell LLP)
• Investigating Sexual Assault, Regionally, in Virginia (Inside Higher Ed)
• Government to Reveal Colleges With Title IX Waivers (The New York Times)

Title IX Exclusion and Marginalization Needs to Change

By Jacqueline McDowell, Diverse Issues in Higher Education

When Title IX of the Educational Amendments Act was passed in 1972 it stated, in part, “no person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” More than 40 years later, we have a law that was meant to protect many, but is too focused on a few — those participating in varsity-level collegiate sports.

Read the story here.

Campus Sexual Assault Under Investigation

The pressure on colleges to step up prevention and handle sexual-assault cases more effectively has intensified since April 2011. That’s when the federal government signaled stricter enforcement of the gender-equity law Title IX, which compels colleges to resolve students’ reports of rape, whether or not the police are involved.

Click here to access the Chronicle of Higher Education's Title IX online database.

Related content:

• A Closer Look at 7 Common Requirements in Resolved Federal Sex-Assault Inquiries (The Chronicle of Higher Education - requires paid subscription)
• As Federal Sex-Assault Investigations Multiply, Resolutions Remain Elusive
• 21% of Undergraduate Women Have Been Sexually Assaulted in College, Survey Finds (The Chronicle of Higher Education)
• Justice Department: 1 in 5 Women Sexually Assaulted in College (Inside Higher Ed)

How Does a College Get an Exemption From Title IX?

By Eric Kelderman, The Chronicle of Higher Education

The federal gender-equity law known as Title IX has largely become known for two issues in higher education: requiring equity in opportunities for women in college sports and, more recently, a nationwide wave of demands for colleges to crack down on sexual harassment and rape.

Read the story here.