Categories
Bills Civil Rights Office for Civil Rights Title IX

Growing Wave of Bills Frustrate Biden Plan to Allow Biological Males to Compete in Women’s Sports

  Dating Married
  Male % Female % Male % Female %
Any physical violence 14.6 17.4 13.6 12.1
Severe physical violence 11.9 5.6 4.9 4.4

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Growing Wave of Bills Frustrate Biden Plan to Allow Biological Males to Compete in Women’s Sports

WASHINGTON / February 14, 2023 – Surfer Bethany Hamilton is speaking out against the World Surf League’s newly announced policy that would allow biological males to compete against women in professional surfing events (1).

Hamilton’s comments spotlight the growing controversy arising from a Department of Education proposal, issued last June, to redefine the meaning of “sex” in the Title IX law to include “gender identity” (2). Such a change would impose a competitive disadvantage on biological females (3).

In response, a milestone court decision was handed down, and a series of proposed bills have been introduced at the federal and state levels that are designed to protect women’s sports.

On January 5, 2023, the Southern District Court of West Virginia ruled in favor of the Save Women’s Sports Bill, which defines “girl” and “woman” as biologically female for the purpose of secondary school sports (4).

In Congress, Rep. Greg Steube recently introduced the Protection of Women and Girls in Sports Act. The bill, which now has 20 co-sponsors, would require that sex “be recognized based solely on a person’s reproductive biology and genetics at birth” (5).

In 12 states, lawmakers recently have introduced bills designed to protect women’s sports:

  1. Alaska: HB 27 (6)
  2. Colorado: HB 23-1098 (7)
  3. Connecticut: SB 468 (8)
  4. Hawaii: HB 508/SB 1429 (9)
  5. Kansas: HB 2238 (10)
  6. Maryland: HB 359 (11)
  7. Minnesota: HF 551 (12)
  8. Missouri: SB 48 (13)
  9. New Jersey: SB 589 (14)
  10. North Dakota: HB 1249 (15) and HB 1489 (16)
  11. Texas: HB 23 (17)
  12. Virginia: HB 1387 (18)

Eighteen states previously enacted laws designed to ban biological males from competing in female sports: Alabama, Arizona, Arkansas, Florida, Iowa, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia (19).

A SAVE opinion poll found that 71% of Americans oppose allowing transgender athletes to participate in women’s sports (20).  SAVE urges lawmakers to discourage attempts the redefine “sex” and work to assure fairness in women’s sports (21).

Links:

  1. https://www.foxnews.com/lifestyle/bethany-hamilton-surfer-speaks-against-rule-transgender-compete-females
  2. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  3. https://concernedwomen.org/protect-female-athletes/
  4. https://storage.courtlistener.com/recap/gov.uscourts.wvsd.231947/gov.uscourts.wvsd.231947.512.0.pdf
  5. https://www.congress.gov/bill/118th-congress/house-bill/734?q=%7B%22search%22%3A%5B%22HR+734%22%5D%7D&s=1&r=1
  6. https://www.akleg.gov/PDF/33/Bills/HB0027A.PDF
  7. https://leg.colorado.gov/sites/default/files/documents/2023A/bills/2023a_1098_01.pdf
  8. https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=SB468&which_year=2023
  9. https://legiscan.com/HI/bill/HB508/2023
  10. http://www.kslegislature.org/li/b2023_24/measures/hb2238/
  11. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0359?ys=2023RS
  12. https://www.revisor.mn.gov/bills/text.php?number=HF0551&version=latest&session=92&session_number=0&session_year=2023
  13. https://legiscan.com/MO/supplement/SB48/id/287499
  14. https://www.njleg.state.nj.us/bill-search/2022/S589/bill-text?f=S1000&n=589_I1
  15. https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo1249.html
  16. https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo1489.html
  17. https://legiscan.com/TX/bill/HB23/2023
  18. https://lis.virginia.gov/cgi-bin/legp604.exe?231+sum+HB1387
  19. https://www.lgbtmap.org/equality-maps/sports_participation_bans
  20. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  21. https://www.saveservices.org/2022-Policy/
Categories
Department of Education Gender Identity Legal Office for Civil Rights Title IX

Clandestine Gender Transitioning at California School Triggers Lawsuit, Call for Legislative Hearings

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Clandestine Gender Transitioning at California School Triggers Lawsuit, Call for Legislative Hearings

WASHINGTON / January 30, 2023 – A lawsuit has been filed against a California school district for promoting the gender transitioning of an 11-year-old girl without parental knowledge. Many school districts across the nation have adopted similar policies that prevent parents from being informed about their own children changing their gender.

The lawsuit alleges the girl was seeing a counselor at Sierra View Elementary School in Chico, California for mental health issues. One day the girl told the counselor she felt “like a boy.” Subsequently, the school began to secretly transition the girl without parental knowledge or consent. Subsequently, the girl’s mental health began to deteriorate (1).

The girl later changed schools and reverted to her female identity. The lawsuit against the Chico Unified School District was filed earlier this month (2).

A recent report from the American Principles Project notes that transgenderism is marked by a “deadly and destructive combination of ideology, politics, and profits,” and reveals the global market value of sex reassignment surgery to be more than $316 million (3).

The unregulated growth of gender transitioning has resulted in a growing number of persons, known as “detransitioners,” who have decided to revert to their original sex (4).

Sixty-three leading organizations are now calling on Congress to “Conduct hearings on experimental medical practices involving gender transition of under-age children, e.g., puberty blocking drugs, opposite-sex hormones, breast removal, and castration.” (5)

In addition, state lawmakers are being called up to hold hearings to assess the science, ethics, and financial backing of gender transitioning of underage students. To date, federal courts in Florida, North Dakota, and Texas have ruled in favor of placing restrictions on underage gender transitioning surgery (6).

In June, the U.S. Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex” to include “gender identity.” Such a change would serve to promote gender transitioning and have profound, long-lasting effects on child safety, the family structure, and parental rights (7).

Links:

  1. https://www.actionnewsnow.com/news/local/mom-suing-chico-unified-over-childs-gender-identity-shares-her-story/article_c007d968-96d4-11ed-a91b-9b1c3b975480.html
  2. https://libertycenter.org/wp-content/uploads/2023/01/Filed-Complaint.pdf
  3. https://reports.americanprinciplesproject.org/wp-content/uploads/2022/11/2022_TransLeviathan_web.pdf
  4. https://www.theatlantic.com/ideas/archive/2023/01/detransition-transgender-nonbinary-gender-affirming-care/672745/
  5. https://www.saveservices.org/wp-content/uploads/2023/01/Letter-to-Stop-Weaponization-of-Title-IX-Jan.-26.pdf
  6. https://www.saveservices.org/2022-policy/network/gender-transitioning/
  7. https://www.saveservices.org/2022-Policy/
Categories
Civil Rights Department of Education Domestic Violence Due Process Free Speech Office for Civil Rights Press Release Sex Education Sexual Harassment Title IX

63 Organizations Urge Congress to Halt the Weaponization of Title IX

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

63 Organizations Urge Congress to Halt the Weaponization of Title IX

WASHINGTON / January 26, 2023 – Sixty-three leading organizations today are calling on Congress to take strong measures to stop the proposed overhaul of Title IX, the law that was designed to curb sex discrimination in schools. On June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (1).

The letter notes that Title IX activists also are seeking to “marginalize the role of parents, promote gender transitioning among minors, make a mockery of fairness in women’s sports, and curtail free speech and due process.”

The letter urges Congress to therefore undertake the following actions:

  1. Pursuant to H. Res 12, SELECT SUBCOMMITTEE ON THE WEAPONIZATION OF THE FEDERAL GOVERNMENT, investigate how the U.S. Department of Education has collaborated with private sector and non-profit entities to alter the regulatory definitions of “sex” and “sexual harassment,” with the aim of changing the foundational legal definition of “sex” and infringing on First Amendment free speech rights.
  2. Reduce the appropriations to the U.S. Department of Education’s Office for Civil Rights (OCR) by $25 million.
  3. Conduct hearings on experimental medical practices involving gender transition of under-age children, e.g., puberty blocking drugs, opposite-sex hormones, breast removal, and castration.
  4. Vigorously oppose passage of the Students’ Access to Freedom and Educational Rights (SAFER) Act, introduced in December 2022.
  5. Oppose legislation that seeks to expand definitions of “sexual harassment,” promote “trauma-informed” investigations, or seek to weaken free speech, due process, or the presumption of innocence.
  6. Work for the passage of the following legislation:
    1. Parents Bill of Rights Act
    2. Protection of Women and Girls in Sports Act
    3. Campus Free Speech Restoration Act
    4. Campus Equality, Fairness, and Transparency Act

A SAVE public opinion poll reveals strong public support for these actions (2).

The 63 organizations are members of the Title IX Network (3). The letter to Congress can be viewed online (4).

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  3. https://www.saveservices.org/2022-Policy/
  4. https://www.saveservices.org/wp-content/uploads/2023/01/Letter-to-Stop-Weaponization-of-Title-IX-Jan.-26.pdf
Categories
Campus Department of Education Due Process Free Speech Office for Civil Rights Sexual Assault Sexual Harassment Title IX

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

29 Recent Judicial Decisions Thwart Biden ‘Gender Agenda’

WASHINGTON / January 18, 2023 – The Biden Administration has issued several policy documents that are designed to promote the so-called “gender agenda” (1). In particular, on June 23, 2022 the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” limit free speech, and hobble due process protections (2).

In response, over 200 organizations (3), numerous state Attorneys General (4), and dozens of federal and state lawmakers (4) have spoken out in strong opposition to the draft regulation.

Since June 23, 2022, seven judicial decisions have been issued that thwart the Biden Administration’s attempts to expand the definition of “sex,” curtail free speech, and promote gender transitioning:

  1. State of Tennessee v. Department of Education, July 15, 2022: In response to a lawsuit by the Attorneys General of 20 states, the District Court for the Eastern District of Tennessee granted a Preliminary Injunction against the Department of Education, blocking the DOE from implementing Biden’s Executive Order No. 13988, “Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation.” (5)
  2. Franciscan Alliance and Christian Medical and Dental Society v. Becerra, August 26, 2022: The Fifth Circuit Court of Appeals, located in New Orleans, unanimously ruled that doctors must be free to practice medicine without compulsion to perform gender-transition procedures. (6)
  3. Speech First v. Alexander Cartwright, September 23, 2022: The District Court for the Middle District of Florida ruled against the University of Central Florida for three campus policies that served to suppress student speech. (7)
  4. Neese v. Bercerra, October 14, 2022: The Northern District of Texas Court ruled that Section 1557 of the Affordable Care Act and Title IX do not prohibit discrimination based on sexual orientation or gender identity. The court set aside the contrary enforcement position taken by the Department of Health and Human Services. (8)
  5. Religious Sisters of Mercy et al v. Becerra, December 9, 2022: The Eighth Circuit Court in North Dakota overturned a rule under the Affordable Care Act, Section 1557, that would require “gender-transition procedures” be covered by health insurance plans. (9)
  6. Adams v. School Board of St. Johns County, December 30, 2022: The U.S. Court of Appeals for the Eleventh Circuit reversed the decision of the District Court, and upheld the policy of the St. Johns County School District in Florida, which denied transgender students access to the bathrooms consistent with their gender identity. (10)
  7. B.P.J. et al v. West Virginia State Board of Education, January 5, 2023: The Southern District Court of West Virginia ruled in favor of the “Save Women’s Sports Bill,” which defines “girl” and “woman” as biologically female for the purpose of secondary school sports. (11)

Since June 23, 2022, wrongfully accused students also have triumphed in 22 due process lawsuits against the following universities: University of California, University of Idaho Law School, Dartmouth College, Dordt University, SUNY-Purchase, Brown University (two lawsuits), Purdue University, Massachusetts Institute of Technology, University of Arizona,  University of Southern Florida, Western Michigan University, Prairie View A & M University, UC-Davis, Marshall University, University of Chicago, University of Connecticut, Emory University, Texas Christian University, Stonehill College, University of Wisconsin-Madison, and Siena College. (12)

SAVE urges Congress to take necessary actions to discourage attempts by the Executive Branch to advance the gender agenda.

Links:

  1. https://www.heritage.org/gender/heritage-explains/the-lefts-new-gender-agenda
  2. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  3. https://www.saveservices.org/2022-Policy/
  4. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  5. https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-23-order.pdf
  6. https://becketnewsite.s3.amazonaws.com/20220907161315/Franciscan-Opinion.pdf
  7. https://speechfirst.org/wp-content/uploads/2021/02/64.-Dismissal-Settlement-1.pdf
  8. https://casetext.com/case/neese-v-becerra-1
  9. https://becketnewsite.s3.amazonaws.com/20221209161106/Sisters-of-Mercy-Opinion.pdf
  10. https://media.ca11.uscourts.gov/opinions/pub/files/201813592.2.pdf
  11. https://storage.courtlistener.com/recap/gov.uscourts.wvsd.231947/gov.uscourts.wvsd.231947.512.0.pdf
  12. https://docs.google.com/spreadsheets/d/1CsFhy86oxh26SgTkTq9GV_BBrv5NAA5z9cv178Fjk3o/edit#gid=0
Categories
Campus Department of Education Due Process False Allegations Free Speech Gender Identity Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

A ‘Naked Assault on Civil Rights:’ Congress Must Stop Attempts to Hijack Title IX and Subvert the Constitution

WASHINGTON / January 12, 2023 – Title IX is the 50-year-old law that was enacted to stop sex discrimination in schools. But now, groups are attempting to use Title IX to promote a sweeping unconstitutional agenda with harmful effects on students, families, and on society.

Recent months have witnessed three attempts to make far-reaching changes to Title IX:

  1. In June, the Department of Education proposed a new Title IX regulation that would redefine the meaning of “sex,” muzzle free speech, and decimate due process (1).
  2. In September, 19 Democratic senators denounced the presumption of innocence in Title IX proceedings (2). The senators also called for an end to cross-examination, facilely ignoring a landmark Supreme Court decision that described cross-examination as the “‘greatest legal engine ever invented for the discovery of truth.” (3)
  3. In December, the Students’ Access to Freedom and Educational Rights (SAFER) Act was introduced in both chambers of Congress (4). The bill proposed to make sweeping changes to campus Title IX adjudication procedures — changes that are reminiscent of practices seen in the former Soviet Union (5).

The proposals would curtail constitutionally protected free speech and due process protections, eliminate fairness in women’s sports, promote gender transitioning among under-age students, marginalize the role of parents, and exact other harmful effects. Numerous lawmakers have spoken out in opposition to these proposed changes (6).

These changes recently were described by a leading policy organization as a “naked assault on civil rights.” (7)

In response to these and other worrisome developments, House Speaker Kevin McCarthy proposed a multi-point Commitment to America (8). Five of the principles pertain to the recent attempts to reinvent Title IX:

  1. Conduct rigorous oversight to rein in governmental abuse of power, such as an executive branch agency exceeding its legal authority by seeking to redefine the meaning of “sex” (9).
  2. Curb wasteful spending by government agencies, such as the Department of Education (10).
  3. Advance the Parents’ Bill of Rights (11).
  4. Defend fairness by ensuring that only women can compete in women’s sports (12).
  5. Uphold free speech guarantees and assure religious freedom (13).

SAVE urges members of Congress to move quickly to implement provisions of the Commitment to America and stop the Title IX take-over.

Links:

  1. https://www.ed.gov/news/press-releases/us-department-education-releases-proposed-changes-title-ix-regulations-invites-public-comment
  2. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  3. https://supreme.justia.com/cases/federal/us/399/149/
  4. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  5. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  6. https://www.saveservices.org/2022-policy/attorneys-general-and-lawmakers/
  7. https://www.jamesgmartin.center/2023/01/the-empress-wears-no-clothes/
  8. https://www.republicanleader.gov/commitment/
  9. https://spectator.org/administrative-redefine-gender/
  10. https://www2.ed.gov/about/overview/budget/budget23/justifications/z-ocr.pdf
  11. https://www.congress.gov/bill/117th-congress/house-bill/6056
  12. https://www.saveservices.org/2022-policy/network/womens-sports/
  13. https://www.saveservices.org/wp-content/uploads/2022/07/First-Liberty-Institute-Statement-on-Title-IX.pdf
Categories
Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Title IX

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@endtodv.org

Lawsuit Against USF Moves Forward, Sending a Message that Schools Must Not Take Short-Cuts on Due Process Protections

WASHINGTON / October 24, 2022 – Last week U.S. District Judge Scriven issued a ruling in a sexual assault case, denying the University of South Florida its Motion to Dismiss. The decision in favor of former USF student Kevaughn Dingle will allow the case to proceed to discovery and trial, if the university does not opt to settle the case (1).

The complaint arose from a sexual encounter in which the female student was the initiator (2). She entered the dormitory room of Dingle, a Black man, removed his shirt, expressed her sexual excitement, asked the man to text someone for a condom, and performed fellatio on him.

An hour later, she told some friends she “might have been sexually assaulted,” and filed a Title IX complaint.

During the Title IX proceeding, USF restricted Dingle’s review of the file, denied him the right to cross-examine the accuser, and even revoked his right to appeal.

In addition, USF misinterpreted its definition of consent. Specifically, USF’s Title IX Office defined consent as “words and/or actions that clearly indicate a willingness to engage in a specific sexual activity… at some point during the interaction or thereafter.” In contrast, USF’s determination letter faulted the man based on what the school referred to as a lack of “ongoing affirmative consent.”  [emphasis added]

As a consequence, USF found Dingle responsible of sexual assault, expelled him, and stripped him of his football scholarship.

In addition, Dingle was arrested by local police on sexual assault charges, which were eventually dropped (3).

Dingle’s experience is not uncommon. Since the Department of Education issued its “Dear Colleague Letter” in 2011, 814 similar lawsuits have been filed (4). As a consequence, 44 judicial decisions have been issued against colleges finding sex bias against the male student (5).

While Black men make up only about six percent of college undergraduates, they are substantially overrepresented in the Title IX proceedings (6).  Among the 30% of cases in which the race of the accused student was known, black students are four times as likely as white students to file lawsuits alleging due process violations (7).

Citations:

  1. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/634c9f3ed7cdbc00211e7088/797ordermtd10142022.pdf
  2. https://api.knack.com/v1/applications/56f5e6b2c3ffa97c68039523/download/asset/61b67ae860f2970021b6a1a1/797complaint1282021.pdf
  3. https://www.thedailystampede.com/2018/3/30/17180320/kevaughn-dingle-has-all-felony-sexual-battery-charges-dropped
  4. https://titleixforall.com/title-ix-recap-what-happened-in-september-2022/
  5. https://www.saveservices.org/2022/04/44-judicial-decisions/
  6. https://www.realcleareducation.com/articles/2019/01/21/black_men_title_nine_and_the_disparate_impact_of_discipline_policies_110308.html
  7. https://www.saveservices.org/2020/07/why-are-some-members-of-congress-opposing-due-process-protections-for-black-male-students/
Categories
Bills Campus Civil Rights Department of Education Due Process False Allegations Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors.’

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Ignoring Wave of Attacks on Campus Due Process, Lawmakers Introduce Bill to Help ‘Survivors,’ For the Fifth Time

WASHINGTON / October 10, 2022 – Basic principles of “due process” on campus are being challenged by a growing number of frivolous and false Title IX complaints. Despite these developments, Congressional lawmakers introduced last week the Campus Accountability and Safety Act, a bill that does nothing to shore up due process protections.

Due process, enshrined in the Fourteenth Amendment to the Constitution, serves to protect innocent citizens from false accusations. But a review of recent Title IX complaints reveals that female students increasingly are resorting to Title IX as a weapon to settle old scores.

For example, Clemson University student Erin Wingo initiated a sexual encounter with a male acquaintance. But worried that her boyfriend might learn of the tryst, Wingo fabricated an allegation of sexual assault. A South Carolina jury later awarded the male student $5.3 million for defamation (1).

In another case, the male student was taking a medication that precluded his ability to have intercourse— but that did not deter an accusation of “rape” from being filed by the female student. In other recent complaints, there is no allegation of intimate sexual contact. Rather, the complaint centers around vague and unverifiable claims of “harassment.”

In addition, recent developments reveal that certain groups are seeking to roll back fundamental due process protections:

  1. The Department of Education released a draft Title IX regulation in June that was widely criticized for its removal of key due process protections. One letter from 19 state Attorneys General charged, “The Proposed Rule threatens to destroy Title IX.” (2)
  2. The presumption of innocence has long been seen as the bedrock to due process (3). Nonetheless, 12 Democratic Senators submitted a letter calling on the Department of Education to remove any ”presumption that the respondent is not responsible for sex discrimination until a determination is made.” (4) This extreme position provoked the ire of leading liberal commentators (5).

Ignoring these worrisome threats to due process, last week federal lawmakers introduced the Campus Accountability and Safety Act (6). The bill had been introduced, unsuccessfully, in four previous sessions of Congress (7).

The House bill was co-sponsored by Representatives Carolyn Maloney and John Katko, neither of whom will be serving in Congress next year. Announced five weeks before the highly contested November 8 elections, the bill has little chance of being passed into law in the current session of Congress.

“The truth is that there is no crisis in sexual assault on campus,” notes a leading Title IX attorney. “Title IX teaches women to blame the guy instead of accepting her share of responsibility for the failed relationship.”

Citations:

  1. https://www.saveservices.org/2022/04/south-carolina-jury-awards-5-3-million-to-wrongfully-accused-clemson-u-student-on-defamation-and-civil-conspiracy-claims/
  2. https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Title%20IX%20NPRM%20Indiana%20Comment%20Letter%20FINAL.pdf
  3. http://www.prosecutorintegrity.org/innocence/cornerstone/
  4. https://www.help.senate.gov/imo/media/doc/220912%20Title%20IX%20Comment%20Letter.pdf
  5. https://www.realclearpolitics.com/articles/2022/09/24/senate_democrats_and_title_ix_148234.html
  6. https://maloney.house.gov/sites/maloney.house.gov/files/final%20casa.pdf
  7. https://www.grassley.senate.gov/news/news-releases/grassley-gillibrand-reintroduce-bipartisan-bill-to-combat-sexual-assault-on-college-campuses
Categories
Campus Civil Rights Department of Education Due Process Free Speech Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Attorneys General School the DOE on Meaning of ‘Free Speech,’ ‘Due Process,’ and ‘Constitutional Rights’

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Attorneys General School the DOE on Meaning of ‘Free Speech,’ ‘Due Process,’ and ‘Constitutional Rights’

WASHINGTON / September 19, 2022 – The Attorneys General from 18 states have submitted comments to the U.S. Department of Education (DOE), in response to a proposed Title IX regulation that has stimulated widespread debate and opposition (1). The Attorneys’ General comments represent a tutorial on the meaning and application of First and Fourteenth Amendment guarantees in the higher education setting.

  1. The first letter, signed by the Attorneys General of MT, AL, AR, GA, IN, KS, KY, LA, MS, NE, OK, SC, SD, TN, TX, UT, and VA, first analyzes the DOE proposal to vastly expand the definition of sexual harassment. This change would “chill the free exchange of ideas,” which would “intimidate students and faculty into keeping quiet on controversial issues.” (2)

The letter then deplores the rule’s plan to remove or modify important due process safeguards, including advance disclosure of evidence, impartial investigations, key written notice provisions, and live hearings. Cumulatively, these changes are “reminiscent of Star Chambers” that “stacked the deck against accused students.” The 37-page letter concludes, “In many instances, moreover, the Department’s Proposed Rule conflicts with the text, purpose, and longstanding interpretation of Title IX.”

  1. The second letter charges the draft regulation lacks a clear statement of authority from Congress, and highlights the proposed rule’s unlawful attempt to preempt state laws that protect the rights of females. Signed by the Attorneys General of IN, AL, AZ, AR, GA, KS, KY, LA, MS, MT, NE, OK, SC, SD, TN, TX, UT, VA, and WV, the letter concludes simply, “The Proposed Rule threatens to destroy Title IX.” (3)
  2. Attorney General Ken Paxton of Texas flatly charges the Biden proposal will “destroy constitutional rights.” (4) AG Paxton’s letter to the DOE concludes tartly, “the Proposed Rule promises to repeat the mistakes of the Department’s ill-advised 2011 Dear Colleague Letter.” (5)

All three letters sharply criticize the DOE plan to expand the definition of “sex” to include “gender identity.” Noting that the draft policy lacks definitions of “sex” or “gender identity,” the first letter notes that the Department of Education “simply waves its hand and—by regulatory fiat—alters a fundamental term, as if its novel definition was axiomatic.” (2)

The first letter also highlights the role of Catherine Lhamon, who served as the DOE Assistant Secretary for Civil Rights from 2013 to 2017, and was re-appointed to the same position in 2021. During the earlier period, the letter notes that Lhamon played the lead role in creating a “constitutional and regulatory mess.”

Citations:

  1. https://www.saveservices.org/2022-policy/
  2. https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Montana%20Coalition%20Title%20IX%20Comment%20FINAL%209.12.22.pdf
  3. https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/Title%20IX%20NPRM%20Indiana%20Comment%20Letter%20FINAL.pdf
  4. https://www.texasattorneygeneral.gov/news/releases/paxton-slams-biden-administration-its-radical-attempt-redefine-biology-destroy-constitutional-rights
  5. https://www.texasattorneygeneral.gov/sites/default/files/images/executive-management/20220912%20Paxton%20Title%20IX%20Comment.pdf
Categories
Campus Due Process Free Speech Office for Civil Rights Press Release Sexual Harassment Title IX

Title IX Network Groups Lead Effort to Bombard DOE with Over 240,000 Title IX Comments

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Title IX Network Groups Lead Effort to Bombard DOE with Over 240,000 Title IX Comments

WASHINGTON / September 15, 2022 – The Department of Education proposed a new Title IX regulation on June 23 that provoked widespread debate. In response, 240,085 public comments about the controversial policy were filed with the DOE before its September 12 deadline (1). Many of these comments were filed as a result of the efforts of over 160 groups that participate in the Title IX Network (2).

Following are examples of the outreach activities of several Title IX Network members to promote the submission of comments:

  • The Family Policy Alliance drafted a comment (3) and encouraged the submission of 13,000 comments by the members of its network.
  • The Texas Eagle Forum (4) sent an action alert to its subscribers/members, providing links to the SAVE website, including research links and submission instructions (5).
  • Speech First sent multiple emails to its email list of 110,000 members directing them to the comment submission pages of SAVE and the Defense of Freedom Institute (6), as well as to Speech First’s website (7).
  • United Families International created a dedicated webpage, including talking points, tips for effective writing of comments, instructions, and the link to the government portal, and sent several Action Alerts and reminders (8).
  • Katartismos Global sent information to the Anglican Church in North America, American Association of Evangelicals, and a national prayer initiative called the World Prayer Network (9).

SAVE submitted nine separate comments, including a listing of the organizations opposed to the draft regulation (10), the names of 235 religious leaders opposed to the Title IX policy (11), and an analysis of 175 judicial decisions in favor of campus due process (12).

The proposed Title IX regulation negates basic free speech and due process provisions of the Constitution, ignores the milestone Davis v. Monroe Supreme Court decision, subverts Congressional intent, and inexplicably contradicts the fundamental purpose of Title IX, which is to curb sex discrimination in schools.

SAVE calls on the Department of Education to promptly withdraw its ill-considered Title IX regulation.

Citations:

  1. https://www.regulations.gov/document/ED-2021-OCR-0166-0001
  2. https://www.saveservices.org/2022-Policy/
  3. https://familypolicyalliance.com/wp-content/uploads/2022/09/Title-IX-Proposed-Rule-Comment-FINAL.pdf
  4. https://www.texaseagleforum.com/
  5. https://www.saveservices.org/2022-Policy/Comments/
  6. https://protecttitle9.org/
  7. speechfirst.org
  8. https://www.unitedfamilies.org/?sfw=pass1663183551
  9. kgiglobal.org
  10. https://www.saveservices.org/wp-content/uploads/2022/08/Comment-to-DOE-Title-IX-Network.pdf
  11. https://www.saveservices.org/wp-content/uploads/2022/09/Comment-to-DOE-Religious-Leaders-9.6.22.pdf
  12. https://www.saveservices.org/wp-content/uploads/2022/08/Comment-to-DOE-Analysis-of-175-Decisions.pdf
Categories
Campus Department of Education Due Process Office for Civil Rights Sexual Assault Sexual Harassment Title IX

Relentless Pressure on Colleges and Universities to End Campus ‘Kangaroo Courts’

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Relentless Pressure on Colleges and Universities to End Campus ‘Kangaroo Courts’

WASHINGTON / August 18, 2022 – As the new academic year approaches, SAVE is urging school administrators to exercise greater oversight over their Title IX offices to bring an end to the notorious “Kangaroo Courts.” Several developments during the Summer months highlight the growing pressures on institutions to assure fairness in Title IX proceedings:

Judicial Deference: On June 2, Second Circuit Appellate Judge Jose Cabranes issued a concurrence that compared campus disciplinary committees to the infamous English Star Chambers and warned, “[T]hese threats to due process and academic freedom are matters of life and death for our great universities.” (1) The continued wave of Title IX lawsuits has eroded the long-standing notion of judicial deference to institutions of higher education.

State Legislation: On June 15, Louisiana Governor John Edwards signed the “Student Due Process and Protection Act” into law (2). The campus bill had been approved in both the House and the Senate without a single opposing vote. To date, 11 states have enacted legislation that mandate campus due process protections (3).

Presumption of Innocence: A national survey conducted in June for SAVE by YouGov found that 87% of respondents support a presumption of innocence for college disciplinary hearings (4).

Lawsuit: On July 20, Judge CJ Williams of the District Court of Northern Iowa handed down a decision against Fordt University that documented widespread procedural irregularities (5). The decision was one of the most sweeping Title IX rulings issued in the past decade.

DC Rally: An August 11 rally held in Washington, DC featured several presentations on the need for greater attention to campus fairness (6). Teresa Manning of the National Association of Scholars highlighted how campus due process rights “protect the lone individual up against powerful institutions like government and schools.” (7)

Student Enrollments: The National Student Clearinghouse Research Center reports that “postsecondary institutions have lost nearly 1.3 million students since spring 2020.” (8) Negative media coverage of unconstitutional Title IX procedures is likely to worsen the problem of declining student enrollments, especially among male students.

This past week in Ithaca, New York, a person dressed as a kangaroo made an appearance on the campus of Cornell University. Sponsored by the New Civil Liberties Alliance, the kangaroo charged, “If you have a Title IX sexual misconduct complaint filed against you, chances are you will not get a fair hearing.” (9)

SAVE’s “Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation” summarizes 175 Title IX decisions favorable to the accused student (10).

Citations:

  1. https://nclalegal.org/wp-content/uploads/2022/06/20-1514_complete_opn.pdf
  2. https://legiscan.com/LA/bill/HB364/2022
  3. https://www.saveservices.org/title-ix-regulation/state-laws/
  4. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  5. https://storage.courtlistener.com/recap/gov.uscourts.iand.56248/gov.uscourts.iand.56248.72.0.pdf
  6. https://www.saveservices.org/2022-policy/rally/
  7. https://www.saveservices.org/2022/08/biden-title-ix-take-over-threatens-due-process-the-most-fundamental-legal-right/
  8. https://nscresearchcenter.org/current-term-enrollment-estimates/
  9. https://www.facebook.com/NewCivilLibertiesAlliance/posts/pfbid0UeK6mHrsqrbTCNkjaFHnxSdXfXAxizoNt5bDgUivEm3itYsGnvuj3WQjM8AWM5eNl
  10. https://www.saveservices.org/wp-content/uploads/2022/04/Analysis-of-Title-IX-Regulation-3.24.2022.pdf