Month: May 2022

Free Speech May Be Imperiled by Upcoming Title IX Policy; Lawmakers Urged to Speak Out

Post author By Edward Bartlett
Post date May 31, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Free Speech May Be Imperiled by Upcoming Title IX Policy; Lawmakers Urged to Speak Out

WASHINGTON / May 31, 2022 – First Amendment free speech protections currently hang in the balance, affected by a variety of social cross-currents and political agendas. SAVE urges Republican and Democratic lawmakers to speak out forcefully to restore free speech in colleges and universities across the nation.

National leaders such as Bill Maher and Elon Musk have called for an end to restrictive speech codes (1). Netflix recently instructed its employees to be tolerant of viewpoint diversity, or seek employment elsewhere (2). And 84% of college students say free speech rights are extremely or very important, according to a Knight/Ipsos poll (3).

Several recent developments proffer hope to proponents of campus free speech:

Earlier this month, Georgia enacted a law to strengthen campus free speech, including a provision designed to thwart the establishment of so-called “free speech zones.” (4)
Last week a federal judge granted a preliminary injunction against the University of Houston, saying the school’s definition of harassment was unduly broad and served to constrict free speech (5).
Positive developments in Ohio, Oklahoma, and Florida have been reported (6).

But two worrisome trends foretell growing restrictions on free speech:

School Title IX policies often include a requirement that transgenders be referred to by their preferred pronouns. In a recent Wisconsin case, a boy was charged with Title IX sexual harassment for not referring to a female classmate as “they” or “them” (7). Forced speech is a violation of free speech.
At the University of Washington, new Diversity, Equity, and Inclusion (DEI) standards for faculty tenure decisions are causing faculty members to be “afraid to speak out, say what they really think.” (8)

Recently a coalition of 88 groups announced its opposition to the plan of the U.S. Department of Education to release a new Title IX regulation (9). One of the concerns of coalition members focused on how the new Title IX policy would be used to stultify free speech.

SAVE urges lawmakers to speak out to assure the upcoming Title IX regulation protects and enhances constitutional free speech guarantees. Contact Department of Education Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Department of Education Office for Civil Rights Sexual Assault Sexual Harassment Title IX

State Lawmakers to Dept. of Education: ‘Do Not Experiment with the Definition of Sex’

Post author By Edward Bartlett
Post date May 23, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

State Lawmakers to Dept. of Education: ‘Do Not Experiment with the Definition of Sex’

WASHINGTON / May 23, 2022 – Lawmakers in Congress introduced bills this past Thursday with the purpose of clarifying the definition of “male” and “female.” (1) The Resolutions are being proposed to counter the controversial plan to the Department of Education to redefine sex to include: “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity.” (2)

Senate Resolution 644 was introduced by Sen. Cindy Hyde-Smith of Mississippi. House Resolution 1136 was spearheaded by Rep. Debbie Lesko of Arizona.

The Resolutions state, “for purposes of Federal law, a person’s ‘sex’ means his or her biological sex (either male or female) at birth.” The bills emphasize, “for purposes of Federal law addressing sex, the terms ‘woman’ and ‘girl’ refer to human females, and the terms ‘man’ and ‘boy’ refer to human males.” (3)

The Resolutions go on to explain, “there are important reasons to distinguish between the sexes with respect to athletics, prisons, domestic violence shelters, restrooms, and other areas.”

Recently, a coalition of 88 groups announced its opposition to the proposal of the U.S. Department of Education to release a new Title IX regulation (4). One of the concerns of coalition members centers on Title IX’s proposed redefinition of sex.

For example, the letter from 15 Attorneys General warned, “Adding gender identity to the definition of “sex” in Title IX would have a detrimental effect on the great strides made over the last 50 years to create equal athletic opportunity [for women].” (5)

The Title IX Coalition noted, “we are alarmed by the administration’s extremist position that ED should extend Title IX, by regulatory fiat, to prohibit discrimination on the basis of gender identity.” (6)

A third letter from 27 parental rights organization emphasized unequivocally, “we vehemently disagree with the Department’s purported incorporation of “gender identity” into Title IX regulations.” (7)

SAVE urges state lawmakers to tell the Department of Education to leave the Title IX’s definition of sex the same as it has remained over the past 50 years. Contact Secretary Miguel Cardona:

Telephone: (202) 401-3000
Fax: (202) 260-7867
Email: ocr@ed.gov
Street address: Department of Education; 400 Maryland Ave, SW; Washington, DC 20202

Links:

Campus Office for Civil Rights Sex Education Sexual Assault Sexual Harassment Title IX

88 Groups Call on Dept. of Education to Cancel Plans for New Title IX Regulation

Post author By Edward Bartlett
Post date May 17, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

88 Groups Call on Dept. of Education to Cancel Plans for New Title IX Regulation

WASHINGTON / May 17, 2022 – Today, a diverse coalition of 88 groups is announcing its opposition to the proposal of the U.S. Department of Education to release a new Title IX regulation. The concerns of coalition members revolve around four issues: campus due process, free speech, parental rights, and women’s sports.

The 88 groups represent a broad diversity in terms of mission, geographic location, and ideological leaning. The groups include Attorneys General offices, Title IX law firms, national policy organizations, grass-roots parental rights groups, and others.

The following groups have expressed their opposition to the upcoming regulation:

15 Attorneys General Offices (1):

Attorneys General in Montana, Alabama, Arkansas, Georgia, Idaho, Indiana, Kentucky, Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, and Texas.

9 Leading Title IX Law Firms (2):

Nesenoff & Miltenberg LLP; Rosenberg & Ball Co., LPA; Binnall Law Group; Friedman & Nemecek, LLC; Rupp Baase Pfalzgraf Cunningham LLC; Law Offices of Scott J. Limmer; Agee, Owens & Cooper, LLC; Sammons Law; and Tin Fulton Walker & Owen.

26 Organizations in the Title IX Coalition (3):

Defense of Freedom Institute for Policy Studies, America First Legal Foundation, America First Policy Institute, American Civil Rights Project, Center for Equal Opportunity, Child and Parental Rights Campaign, Christian Legal Society, Eagle Forum, Ethics and Public Policy Center, Family Research Council, First Liberty, Heritage Foundation, Heritage Action for America, Independent Women’s Forum, Independent Women’s Law Center, Independent Women’s Voice, Keystone Policy, Moms for Liberty, Mountain States Legal Foundation, No Left Turn in Education, Parents Defending Education, Parents Unite, Southeastern Legal Foundation, Speech First, and Wisconsin Institute for Law & Liberty.

27 Parental Rights Groups (4):

Parents Defending Education, American Education Advocates, Army of Parents, Inc., Awake Illinois, Chinese American Citizen Alliance of Greater New York, California Foundation for Equal Rights, Child Protection League, Citizens for Brandywine School District, Concerned Parents of Round Rock (Texas) ISD, Fight for Schools, Fishers One, Louisiana Save Our Schools, Mequon-Thiensville Restore (Wisconsin), Moms for Liberty, New Trier Neighbors (Illinois), No Left Turn in Education, Ohio Values Voters, Oregonians for Liberty in Education, Parents Unite, Parents Union, Protect Ohio Children, Protect Our Kids Now, Push Back Idaho, Save Oregon Schools, Truth in Education, Utah Parents United, and West Valley (Arizona) Parents Uniting.

11 Other Organizations (5):

SAVE, Families Advocating for Campus Equality, National Association of Scholars; FAIR Energy Foundation, Center for Military Readiness, American Principles Project, National Coalition for Men Carolinas, Family Policy Alliance, Family Research Council, LifeSite, and Women’s Liberation Front.

In addition, 82 leading professors, attorneys, and others have endorsed a petition that calls on the Department of Education to “immediately suspend all plans to issue a new Title IX regulation due to the Department’s inability to provide a sound explanation why the 2020 regulation requires revision.” (6)

Persons are invited to contact Secretary Miguel Cardona and urge that the Department of Education immediately cancel plans to issue a new Title IX regulation. Telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

Campus Department of Education Due Process False Allegations Office for Civil Rights Sexual Assault Sexual Harassment Title IX

MSU Lawsuit Reveals Why New Title IX Regulation Must Seek to End Widespread Discrimination Against Men

Post author By Edward Bartlett
Post date May 9, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

MSU Lawsuit Reveals Why New Title IX Regulation Must Seek to End Widespread Discrimination Against Men

WASHINGTON / May 9, 2022 – Following a judicial ruling against the institution, Michigan State University recently agreed to a settlement payment for the unjust suspension of a wrongfully accused male student. The agreement highlights the widespread problem of sex bias by campus Title IX officials, as well as the need for the upcoming Title IX regulation to institute measures to stop discrimination against male students and faculty members.

The lawsuit against MSU arose from a sexual encounter between two undergraduate students in which the female student was the sexual aggressor. During a dormitory encounter, she took the initiative to remove the man’s clothing, perform oral sex on him, and engage in other sexual actions. The woman did not seek the man’s permission or consent to engage in the sexual activities (1).

But inexplicably, the female student decided to file a Title IX complaint, claiming to be the victim of sexual misconduct. The college provided inadequate notice to the accused man and conducted a “victim-centered,” guilt-presuming investigation. MSU also failed to conduct a live hearing and provided no opportunity for cross-examination, ignoring a Sixth Circuit Court decision against the University of Cincinnati ruling that colleges are required to allow for cross-examination (2).

As a result, the male student was suspended for a two-year period. He then filed a lawsuit against Michigan State.

Given the numerous and egregious due process violations by the school, Judge Janet Neff ruled in favor of the male student (1). Last week, Michigan State agreed to a confidential settlement (3) that likely involved a payment in the high six figures.

The MSU saga is not unique. To date, 44 judicial decisions have been issued against colleges, large and small, finding sex bias against the male student (4). These institutions include the University of Denver, University of Minnesota, University of Arizona, UCLA, and many others.

Numerous organizations and individuals have spoken out in recent weeks to emphasize the importance of due process in campus sexual assault proceedings. These include the Attorneys General from 15 states (5), the National Association of Scholars (6), 26 other leading organizations (7), and 82 leading professors and attorneys (8).

Persons are invited to contact Secretary Miguel Cardona and urge that the new Title IX regulation afford full due process protections to accused students and faculty members. Telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/5f5e740deb3cf00017f58485/314opinionordermtdordertofiledoc77.pdf
Doe v. Univ. of Cincinnati, 872 F.3d 393, 401–02 (6th Cir. 2017)
https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/626713d2a570460021af5d5f/314ordermtdstipdoc115.pdf
https://www.saveservices.org/2022/04/44-judicial-decisions/
https://media.dojmt.gov/wp-content/uploads/Title-IX-Coalition-Letter-4.5.22.pdf
https://www.nas.org/blogs/article/comment-promulgating-lower-due-process-protections
https://dfipolicy.org/wp-content/uploads/2022/04/Title-IX-Coalition-Letter-to-OCR-04.04.2022.pdf
saveservices.org/wp-content/uploads/2022/05/Stop-the-Weaponization-of-Title-IX-Resolution-5-2-22.pdf

Campus Due Process Legal Office for Civil Rights Sexual Assault Sexual Harassment

SAVE, FACE, and Attorney Group File Amicus Briefs to Protect Students’ Privacy in Lawsuits Against Universities

Post author By Edward Bartlett
Post date May 7, 2022

SAVE, FACE, and Attorney Group File Amicus Briefs to Protect Students’ Privacy in Lawsuits Against Universities

Eric Rosenberg

May 7, 2022

Last month, two non-profits and a group of attorneys spoke up for the countless and voiceless students involved in university investigations of allegations of sexual misconduct. They did so by filing amicus briefs in Doe v. MIT – a case pending in the United States First Circuit Court of Appeals. These briefs sought to protect the anonymity of students involved in litigation that exposes universities’ violations of due process and Title IX.

For example, an amicus filed by Stop Abusive and Violent Environments (SAVE) powerfully highlighted the magnitude of universities’ violations of Title IX. It did so in part by outlining the research of Brooklyn College Professor KC Johnson who identified at least 225 court decisions that were issued since 2011 that favor plaintiffs filing Title IX type lawsuits against their universities. SAVE also persuasively detailed how the district court in MIT ran afoul of countless court decisions allowing pseudonyms when it prohibited the plaintiff from using a pseudonym.

Likewise, attorney Joshua Engel filed an amicus on behalf of dozens of Title IX attorneys who represent both Title IX complainants and students accused of Title IX violations. Engel’s amicus outlined why pseudonyms are essential to allowing students to expose universities’ violations of Title IX.

Engel also detailed the harm students suffer when pseudonym status is denied by outlining numerous court decisions that acknowledged the educational and professional harm inflicted on students who are publicly identified as being involved in university sexual misconduct disciplinary proceedings. And, Engel’s amicus highlighted how this harm is magnified by Internet search engines, social media, and today’s political climate.

Real life evidence of this harm is presented in stark detail in the amicus filed by Families Advocating For Campus Equality (FACE). FACE is a non-profit that has interacted with nearly 2,000 accused students, professors, and families who have been adversely affected by inequitable Title IX disciplinary processes.

The tragedies of 17 of these individuals was chronicled in FACE’s amicus which detailed how public disclosure of information related to university investigations of allegations of sexual misconduct caused severe trauma and reputation damage. For instance, FACE discussed how 8 of these 17 individuals considered suicide; 3 attempted suicides; and how FACE is aware of students who committed suicides as a result of university investigations into allegations of sexual misconduct.

These types of harms will only increase if students cannot use pseudonyms in lawsuits filed to remedy the discrimination they face on college campuses. Accordingly, we hope the First Circuit reverses the district court in MIT.

Campus Due Process Free Speech Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

82 Leading Professors, Attorneys, and Others Call on Dept. of Education to Suspend Plan to Issue New Title IX Regulation

Post author By Edward Bartlett
Post date May 2, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

82 Leading Professors, Attorneys, and Others Call on Dept. of Education to Suspend Plan to Issue New Title IX Regulation

WASHINGTON / May 2, 2022 – Today, 82 leading professors, attorneys, and others are issuing a call for the Department of Education to “immediately suspend all plans to issue a new Title IX regulation due to the Department’s inability to provide a sound explanation why the 2020 regulation requires revision.” (1) The thought leaders include professors of law and other disciplines, leading civil rights attorneys, physicians, women’s rights advocates, non-profit executives, a former university president, and other persons from across the country (2).

The 82 thought leaders are echoing the calls of two other groups that are urging the federal Department of Education to drop plans to issue a new Title IX regulation.

On April 4, 26 leading organizations sent a letter to the Department of Education noting that concludes, “We strongly urge the Department to set aside its Title IX rulemaking and to allow institutions to continue their efforts to comply with the 2020 Rule.” (3)
On April 5, the Attorneys General from 15 states issued a letter expressing concerns regarding the proposed regulation’s “detrimental effect,” and calling on the Department to “cancel its plans to engage in rulemaking on Title IX.” (4)

The three groups’ concerns revolve around the likelihood that the new regulation will give rise to a wave of civil rights lawsuits in the areas of free speech, due process, and women’s sports:

Free Speech: A federal appeals court recently ruled that the University of Central Florida’s broadly worded free speech policy violates the First Amendment. In a 38-page decision, Judge Kevin Newsom wrote the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.” (5)

Due Process: It is widely believed that the upcoming regulation will reduce due process protections for accused students and faculty members (6). SAVE’s Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation summarizes 175 lawsuits to date in which judges have ruled in favor of the accused (7).

Women’s Sports: The new regulation would redefine “sex” to include sexual orientation and gender identity (8). This would allow transgenders, who are generally taller and stronger, to compete in sports events against persons who were biological females at birth. This would vitiate the purpose of Title IX, which is to assure fairness for all students regardless of sex. To date, 12 states have enacted laws that ban the participation of transgenders against persons who were biological females at birth (9).

Persons are urged to contact Secretary Miguel Cardona and request that he immediately suspend plans to issue a new Title IX regulation. Telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links: