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Campus Department of Education Due Process Free Speech Gender Agenda Gender Identity Office for Civil Rights Press Release Title IX

Republican Lawmakers Lead National Movement to Thwart the ‘Gender Agenda’

PRESS RELEASE

R. Stewart: 301-801-0608

Email: info@savesevices.org

Republican Lawmakers Lead National Movement to Thwart the ‘Gender Agenda’

WASHINGTON / March 8, 2023 – The “Gender Agenda” refers to the movement to promote gender transitioning, curtail parental rights, allow biological males to compete in women’s sports, curtail free speech, and diminish due process on college campuses. A major goal of the Gender Agenda is to overhaul the Title IX law to redefine sex to include “gender identity.”

Republican lawmakers across the country have been at the forefront of efforts to stop the Gender Agenda. Following is a listing of measures introduced thus far in Congress in 2023:

  1. Greg Steube: Protection of Women and Girls in Sports Act (H.R. 734) [1]
  2. Marjorie Taylor Greene: Protect Children’s Innocence Act (H.R. 8731) [2]
  3. Jeff Van Drew: My Choice, My Child Act of 2023 (H.R. 216) [3]
  4. Julia Letlow: Parents Bill of Rights (H.R.5) [4]
  5. Debbie Lesko: Parental Rights Amendment (H. J. Res 38) [5]
  6. Jim Banks: Protecting Minors from Medical Malpractice Act (H.R. 1276) [6]
  7. Tim Scott: PROTECT Kids Act (S. 200) [7]
  8. Tommy Tuberville: Protection of Women and Girls in Sports Act of 2023 (S. 613) [8]

In addition, Congressman Jim Banks is spearheading a new group called the House Anti-Woke Caucus, now with over 25 members [9.

The following state-level bills already have been enacted into law in 2023:

  1. Tennessee: SB 0001 – Prohibits minors from receiving puberty blockers, cross-sex hormones and transgender surgeries [10]
  2. Tennessee: HB 0009 – Outlaws drag shows in public spaces and restricts them to age-appropriate venues [11]
  3. South Dakota: Help Not Harm Act (HB 1080) – Prohibits certain medical and surgical interventions on minor patients [12]
  4. Mississippi: Regulate Experimental Adolescent Procedures (REAP) Act (H.B. 1125) – Forbids any person to “knowingly provide gender transition procedures to any person under eighteen years of age” or “engage in conduct that aids or abets” such procedures. [13]

To date, SAVE has identified 82 bills in 28 states, including proposals that address Parental Rights (36 bills), Gender Transitioning (29 bills), and Women’s Sports (16 bills).

At the recent Conservative Political Action Conference held near Washington DC, SAVE sponsored a booth titled, “Stop the Gender Agenda.” [14] At the booth, 377 individuals signed a petition to Stop the Gender Agenda. Signers included the Lieutenant Governor of a southern state, a woman who transitioned to the male sex and later de-transitioned to being female, and other persons from Spain, Peru, Austria, Norway, Sweden, and Japan.

Links:

  1. https://www.congress.gov/bill/118th-congress/house-bill/734?s=2&r=7
  2. https://www.congress.gov/bill/117th-congress/house-bill/8731/cosponsors
  3. https://www.congress.gov/bill/118th-congress/house-bill/216? q=%7B%22search%22%3A%5B%22Parents%22%5D%7D&s=2&r=6
  4. https://www.congress.gov/bill/118th-congress/house-bill/5
  5. https://www.congress.gov/bill/118th-congress/house-joint-resolution/38?s=1&r=67
  6. https://www.congress.gov/bill/118th-congress/house-bill/1276?s=3&r=1
  7. https://www.congress.gov/bill/118th-congress/senate-bill/200
  8. https://www.hydesmith.senate.gov/sites/default/files/2023-03/S613%20Protection%20of%20Women%20and%20Girls%20in%20Sports%20Act.pdf
  9. https://www.johnlocke.org/banks-emerges-as-leader-in-fight-against-the-woke/
  10. https://www.capitol.tn.gov/Bills/113/Amend/SA0008.pdf
  11. https://www.capitol.tn.gov/Bills/113/Amend/SA0002.pdf
  12. https://sdlegislature.gov/Session/Bill/24100/249156
  13. http://billstatus.ls.state.ms.us/2023/pdf/history/HB/HB1125.xml

14. https://www.saveservices.org/2022-policy/network/

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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
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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
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Campus Department of Education Due Process Free Speech Investigations Legal Press Release Sexual Harassment Title IX

Mass Opposition to Students’ Access to Freedom and Educational Rights (SAFER) Act

PRESS RELEASE

Rebecca Hain: 513-479-3335

Email: info@saveservices.org

Mass Opposition to Students’ Access to Freedom and Educational Rights (SAFER) Act

WASHINGTON / December 20, 2022 – The Students’ Access to Freedom and Educational Rights (SAFER) Act, recently introduced in the Senate (S. 5158) and House of Representatives (H.R. 9387), has ignited a wave of opposition.

The SAFER bill would dramatically broaden the meaning of “sexual harassment” to include virtually all conduct that is viewed as “unwelcome.” The bill would expand the definition of “sex,” thereby allowing for the participation of biological males in women’s sporting events. The Act would also remove key due process protections for the accused, such as the right to an impartial investigation, thereby undermining the presumption of innocence (1).

A SAVE public opinion survey, conducted in June by YouGov, revealed the following (2):

  1. 57% of Americans oppose revamping the Supreme Court’s definition of “sexual harassment.”
  2. 63% of Americans oppose changing the definition of “sex” to include “gender identity.”
  3. 71% of Americans oppose transgender participation in women’s sports.
  4. 87% of Americans want to retain the presumption of innocence in college disciplinary proceedings.

Accordingly, two statements were issued by groups during the past week that expressed strong opposition to the SAFER Act:

  • One Call to Action highlighted the fact that in recent months, two federal courts have issued decisions that nixed expanded definitions of “sex.” (3)
  • The Heritage Foundation charged, “There is no scientific or legal basis that supports changing ‘sex’ to ‘sexual orientation and gender identity’ in Title IX. Such a change threatens everyone’s freedoms, removes important due process protections for students in higher education, and puts girls and women in danger of physical harm.” (4)

In addition, an editorial revealed that 83% of college students currently report self-censoring their speech to avoid criticism. By expanding the definition of sexual harassment, the SAFER bill would dramatically worsen campus restrictions on free speech (5).

Co-sponsors of the SAFER Act are urged to withdraw their support for the SAFER Act bill and reaffirm their oath of office to “uphold and defend” the U.S. Constitution, including the First and Fourteenth Amendments.

Links:

  1. https://www.saveservices.org/2022/12/rigged-safer-act-bears-eerie-resemblance-to-soviet-era-legal-system/
  2. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
  3. https://www.conservativehq.org/post/call-to-action-oppose-the-safer-act-and-its-sweeping-redefinition-of-sex-and-sexual-harassment
  4. https://www.heritage.org/press/heritage-experts-safer-act-threatens-protections-women-undermines-fair-judicial-process
  5. https://cnsnews.com/commentary/edward-e-bartlett/sen-bob-casey-needs-tell-truth-about-his-dystopian-safer-act
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Campus Due Process False Allegations Investigations Press Release Sexual Assault Sexual Harassment Trauma Informed

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Rigged: SAFER Act Bears Eerie Resemblance to Soviet-Era Legal System

WASHINGTON / December 15, 2022 — The Students’ Access to Freedom and Educational Rights (SAFER) Act (1) was recently introduced in the Senate (S. 5158) and House of Representatives (H.R. 9387). The bill proposes to make numerous changes to campus Title IX adjudication procedures that would tilt the process in favor of the complainant. The changes are reminiscent of practices often seen in the former Soviet Union.

In the Soviet Union, Lavrentiy Beria, head of Stalin’s secret police, often boasted, “Show me the man, and I’ll show you the crime.”  Similarly, the SAFER Act would provide complainants a broad array of supports and protections, leaving accused persons to their own devices. (Section 205)

In the Soviet Union, “all aspects of the Soviet legal system were effectively subordinate to the leadership of the Soviet Communist Party,” according to University of Illinois law professor Peter Maggs (2).  On college campuses, ideologically committed Title IX coordinators wield enormous control over the processing of complaints. Under SAFER, their power would further expand to have a say over “teaching practices, textbooks, and curricula.” (Section 206)

In the Soviet Union, false allegations were rampant. Similarly, 40-50% of sexual assault allegations on American college campuses are known to be unfounded (3). Ironically, the SAFER Act would discourage a school from disciplining a person who makes a false allegation. (Section 205)

In the Soviet Union, investigators would slant their methods in order to reach a predetermined conclusion of guilt. Under the SAFER Act, campus investigators would be mandated to use “trauma-informed interview techniques” — methods that would further tilt what already is a biased Title IX process (4). (Section 205)

In the Soviet Union, “there was severe pressure from the party hierarchy to secure a 100 percent conviction rate, with the result that thereafter there were almost no acquittals.” (2) In the United States, Oberlin College once boasted it had a 100% conviction rate for Title IX cases (5).

As if to underscore the irrelevance of the SAFER bill, in three separate decisions this past week, federal judges issued rulings that illustrate the due process deficiencies of campus “kangaroo courts:”

  • The First Circuit Court of Appeals overturned a lower court decision, and ruled against Stonehill College of Massachusetts for its deeply flawed adjudication methods (6).
  • Judge Reed O’Connor issued a ruling against Texas Christian University, finding that TCU had instructed that exculpatory evidence for the man was “not to [be] consider[ed],” “discussed or referenced” by the Title IX panel (7).
  • The District Court of Western Wisconsin ruled against the University of Wisconsin-Madison for various procedural errors against a male student that constituted sex discrimination (8).

SAVE urges lawmakers to oppose the SAFER Act.

Links:

  1. https://www.congress.gov/117/bills/hr9387/BILLS-117hr9387ih.pdf
  2. https://www.britannica.com/topic/Soviet-law/Property
  3. https://www.saveservices.org/2021/05/pr-40-50-of-campus-sexual-assault-allegations-are-unfounded-revealing-need-for-strong-protections-of-the-innocent/
  4. http://www.prosecutorintegrity.org/sa/trauma-informed/
  5. https://www.washingtontimes.com/news/2018/jan/4/oberlin-college-sex-assault-conviction-rate-100/
  6. http://media.ca1.uscourts.gov/pdf.opinions/21-1227P-01A.pdf
  7. https://storage.courtlistener.com/recap/gov.uscourts.txnd.361429/gov.uscourts.txnd.361429.175.0.pdf
  8. https://storage.courtlistener.com/recap/gov.uscourts.wiwd.47298/gov.uscourts.wiwd.47298.25.0.pdf
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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/
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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
Gender Identity Office for Civil Rights Press Release

DHHS’ Rachel Levine Must Retract Dishonest Claims About ‘Safe’ Puberty-Blockers, Or Face Calls for Resignation

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

DHHS’ Rachel Levine Must Retract Dishonest Claims About ‘Safe’ Puberty-Blockers, Or Face Calls for Resignation

WASHINGTON / August 3, 2022 – The FDA issued a warning on July 1 regarding puberty blockers, alerting doctors to the serious risks of GnRH drugs that can cause brain swelling, loss of vision, and other serious disorders (1). Despite this fact, U.S. Assistant Secretary for Health Rachel Levine has continued to tout the benefits of “gender-affirming care,” which includes the administration of puberty blockers to children and youth.

In a July 19 tweet, Levine claimed that some medical groups assert that “gender-affirming care is medically necessary, safe, and effective for transgender and non-binary children and adolescents.” (2) Each of these assertions is false:

Medically Necessary: The vast majority of youth who question their gender identity eventually come to accept their biological sex (3).

Safe: The FDA warns that doctors need to monitor patients taking puberty-blockers for “signs and symptoms of pseudotumor cerebri, including headache, papilledema, blurred or loss of vision, diplopia, pain behind the eye or pain with eye movement, tinnitus, dizziness, and nausea.” (1)

Effective: Dr. Michelle Cretella has written in the Journal of American Physicians and Surgeons, “There is not a single large, randomized, controlled study that documents the alleged benefits and potential harms to gender-dysphoric children from pubertal suppression.” (4)

In a second statement posted on July 27, Levine stated emphatically that “gender-affirming care is lifesaving, medically necessary, age appropriate, and a critical tool for health care providers.” (5)

In response, former Democratic presidential candidate Tulsi Gabbard charged the Biden Administration with promoting “child abuse” by endorsing gender-affirming care (6).

A rally will be held in Washington, DC on August 11 calling on President Biden to disavow his gender identity campaign (7).

According to a recent UCLA report, 1.4% of all youth ages 13-17 self-identify as transgender (8).

Citations:

  1. https://aap2.silverchair-cdn.com/aap2/content_public/autogen-pdf/cms/20636/20636.pdf
  2. https://twitter.com/HHS_ASH/status/1549505624727322628
  3. https://genderresourceguide.com/wp-content/themes/genderresource/library/documents/NPRGFullDocumentPrintV17.pdf
  4. https://www.jpands.org/vol21no2/cretella.pdf
  5. https://twitter.com/MaryMargOlohan/status/1552282926838054912?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1552282926838054912%7Ctwgr%5E8abee86d2ed44d8618a70264b17a6cef35d836d3%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fwww.nationalreview.com%2Fcorner%2Fasserted-without-evidence%2F
  6. https://www.ntd.com/tulsi-gabbard-says-biden-admin-promoting-child-abuse-by-pushing-gender-affirming-care_818370.html
  7. https://www.saveservices.org/2022-policy/rally/
  8. https://williamsinstitute.law.ucla.edu/publications/trans-adults-united-states/