Category: Sexual Assault

DC Rally Reveals Deceptive and Coercive Agenda Behind Biden Title IX Plan

Post author By Edward Bartlett
Post date August 15, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

DC Rally Reveals Deceptive and Coercive Agenda Behind Biden Title IX Plan

WASHINGTON / August 15, 2022 – A rally held in Washington, DC on August 11 featured impassioned calls for the Department of Education to abandon plans to move ahead with its proposed Title IX regulation. The rally addressed six major concerns with the draft Title IX policy that was released on June 23: Due process, free speech, women’s sports, parental rights, bathroom privacy, and gender transitioning (1).

Although the draft policy is titled, “Nondiscrimination on the Basis of Sex in Education Programs,” in reality the policy would worsen sex discrimination against two groups: Males falsely accused of sexual misconduct (2), and biological females involved in sports activities (3).

Many of the rally presenters highlighted the coercive and controlling nature of current gender-identity policies, which would be expanded and strengthened by the proposed regulation:

Due Process: Teresa Manning of the National Association of Scholars charged that Biden’s proposed rule “would return to the bad old days of the ‘single investigator’ INQUISITION, where one school official holds ‘individual meetings’ to decide guilt or innocence.”

Free Speech: Stuart Taylor of Princetonians for Free Speech quoted one observer who believes the proposed Biden rule “could officially destroy a life by expulsion from college on the basis of being inadequately woke that one’s utterance offends someone.”

Women’s Sports: Sarah Parshall Perry of the Heritage Foundation warned the Biden administration’s proposal will fundamentally harm female sports and “eviscerates everything our mothers and grandmothers worked to achieve.”

Parental Rights: Ryan Bomberger of The Radiance Foundation noted that parents “can be harassed by school administrations because you’re speaking biological truths….that’s a problem.”

Bathroom Privacy: Referring to threats of the USDA to withhold school lunch funds for non-compliance with transgender bathroom policies, Maya Noronha of the First Liberty Institute compared government officials to “school-yard bullies” who are ”threatening to defund schools.”

Gender Transitioning: Jon Schweppe of the American Principles Project revealed, “You put [students] on these puberty blockers, you put them on these cross-sex hormones, it’s permanent.”

Edward Bartlett of SAVE summarized these concerns by noting that Biden’s gender identity experiment “is not a good-faith attempt to achieve acceptance and affirmation. It is really an agenda of coercion, conformity, and control.”

The newly established Title IX Network will seek to counter the harmful effects of flawed Title IX policies at the national, state, and local levels (4). More information about the August 11 rally is available online (5).

Citations:

Campus Department of Education Due Process Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Assailed from the Right and the Left, Biden ‘Gender Identity’ Proposals Face Mounting Opposition

Post author By Edward Bartlett
Post date August 1, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Assailed from the Right and the Left, Biden ‘Gender Identity’ Proposals Face Mounting Opposition

WASHINGTON / August 1, 2022 – Criticisms of the Biden “gender identity” proposals have increased in recent days. The disapprovals have been issued by liberals and conservatives, federal lawmakers, state governors, attorneys general, and others.

These criticisms have multiplied and intensified over the past two weeks:

July 21: Twenty U.S. senators wrote a letter to President Biden charging his Title IX proposal would return colleges to a “deeply flawed disciplinary process.” (1)

July 22: Three feminist professors published an editorial in the Chronicle of Higher Education claiming the Title IX regulation’s mandatory reporting provision is a “violation of adult autonomy” and saying the proposal “will only make things worse.” (2)

July 26: Twenty-two Attorneys General filed a 17-count lawsuit against the United States Department of Agriculture seeking to block its plan to withhold school lunch funding from schools that do not comply with Biden’s gender identity agenda (3).

July 26: Former President Trump issued a strongly worded statement describing the Biden gender identity proposals as the “perverted sexualization of minor children.” (4)

July 27: Fifteen Republican governors released a joint letter to President Biden vowing, “our states will have no choice but to pursue avenues to redress any harm that is done to our children as a result” of any reinterpretation of Title IX (5).

July 27: The Catholic News Service described a recently proposed DHHS regulation on transgender services as posing an “existential threat to religious-based employers.” (6)

July 30: Bari Weiss’ Common Sense published an article, “The Beginning of the End of ‘Gender-Affirming Care’?” documenting how several liberal-leaning European countries are now reining in their gender transitioning initiatives (7).

The Biden Title IX proposal is deeply flawed because it would harm due process, free speech, women’s sports, bathroom privacy, and parental rights; and would expand the practice of gender experimentation (8).

To date, nearly 140 organizations have come out in opposition to the Title IX plan (9). A rally will be held in Washington, DC on August 11 to call on the Department of Education to disavow its plan to move forward with its Title IX proposal (10).

According to a recent UCLA report, 1.4% of all youth ages 13-17 self-identify as transgender (11).

Citations:

Campus Due Process Sexual Assault Sexual Harassment Title IX

119 Organizations On Record as Opposed to Biden Title IX Plan, Cite Numerous Concerns

Post author By Edward Bartlett
Post date July 18, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

119 Organizations On Record as Opposed to Biden Title IX Plan, Cite Numerous Concerns

WASHINGTON / July 18, 2022 – A growing number of organizations – 119 at last count — have gone on record in opposition to the Biden Title IX regulation, which was issued on June 23 (1). The opposing groups include public policy organizations, public interest law firms, religious groups, and local grass-roots entities. The complete listing of groups is included at the bottom of this press release (2).

Collectively, these organizations represent a formidable social and political force.

Opposition to the draft Title IX policy centers around six major concerns: due process, free speech, women’s sports, parental rights, bathroom and locker room privacy, and gender experimentation (3):

Due Process

Many colleges have failed to abide by the Fourteenth Amendment, which promises due process protections for all. The new Title IX regulation seeks to remove key due process protections for persons, especially male students, accused of violating campus sexual misconduct policies.

Free Speech

A recent survey of 481 colleges reported only 12% received a “green-light” rating. The draft Title IX regulation expands the definition of sexual harassment, which will serve to curtail campus speech about controversial topics.

And once the legal definition of “sex” is expanded to include gender identity, students can demand that persons call them by their preferred pronouns. But mandated speech is not free speech. In a recent Wisconsin case, a 13-year-old boy refused to use a fellow student’s preferred “they” and “them” pronouns, resulting in a Title IX complaint against him.

Women’s Sports

Transgenders enjoy numerous physical advantages over biological females. This contradicts the whole purpose of Title IX, which is to assure fairness for all students regardless of sex. For example, transgender Lia Thomas set new school and program records after competing on the women’s UPenn swim team.

Bathrooms and Locker Room Privacy

In August 2021, Loudon County, VA approved a new policy on Rights of Transgender and Gender-Expansive Students. During the following three months, a student committed a sexual assault in a girl’s bathroom, high schoolers staged a walk-out to protest the schools’ handling of the incident, and the case became a focus of heated debate during the race for governor.

Parental Rights

If the definition of sex is expanded to include “gender identity,” parents may lose their right to restrict the exposure of young children to age-inappropriate discussions of sexual practices. Worse, children could be gender “transitioned” and assigned a new name without their parents’ knowledge or consent.

Gender Experimentation

The vast majority of children who struggle with their sex come to accept their biological sex by adulthood. Boys and girls need to be supported, not encouraged to question fundamental facts of their biology. Encouraging young children to question their own biology represents a radical experiment in gender engineering.

A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to not move forward with its Title IX proposal (4).

Citations:

++++++++++++++++++

ORGANIZATIONS OPPOSED TO TITLE IX PLAN

SAVE
Alliance Defending Freedom
American Association of Christian Schools (21):
- Buckeye Christian School Organization
- Christian Schools of Arizona
- Christian Schools of Vermont
- Delaware Association of Christian Schools
- Golden State Association of Christian Schools
- Illinois Association of Christian Schools
- Indiana Association of Christian Schools
- Maryland Association of Christian Schools
- Michigan Association of Christian Schools
- Mid-South Association of Christian Schools
- Missouri Association of Christian Schools
- New Mexico Association of Christian Schools
- New York Association of Christian Schools
- North Carolina Christian School Association
- Northwest Association of Christian Schools
- South Carolina Association of Christian Schools
- Sunshine State Association of Christian Schools
- Tennessee Association of Christian Schools
- West Virginia Christian Education Association
- Wisconsin Association of Christian School
American Principles Project
Concerned Women for America
Eagle Forum (6)
- Alabama Eagle Forum
- Tennessee Eagle Forum
- Texas Eagle Forum
- Utah Eagle Forum
- Washington Eagle Forum
Families Advocating for Campus Equality:
Family Policy Alliance
FIRE
Heritage Action
Heritage Foundation
Independent Women’s Forum
National Association of Scholars
Parents Defending Education
Speech First
U.S. Conference of Catholic Bishops
National Groups (36): 60 Plus Association; Advancing American Freedom; Alexander Hamilton Institute; ACRU Action; American Council for Health Care; American Family Association; Americans for Limited Government; Center for Military Readiness; Center for Urban Renewal and Education; Child Protection League; Children First Foundation; Citizens for Renewing America; Coalition for a Fair Judiciary; ConservativeHQ; Dr. James Dobson Family Institute; FAIR Energy Foundation; Firebrand Moms; First Liberty Institute; ForAmerica; Learn to Protect Kids; Less Government; Men and Women for a Representative Democracy; Moms for America; No Left Turn in Education; Radiance Foundation; Recover America Action; Reaching America; Rule of Law Committee; Save Our States; Strategic Coalitions & Initiatives; Tea Party Nation; The Conservative Caucus; United Families International; Voices Against Trafficking; Washington Marketing Group; and Women for Democracy in America.
State-Level Groups (17): California Association of Scholars; Caesar Rodney Institute (DE); Cascade Policy Institute (OR); Delaware Family Policy Council; Family Action Council of Tennessee; Family Policy Alliance of Wyoming; Frontline Policy Council (GA); Louisiana Family Forum; Louisiana Save Our Schools; Middle Resolution Policy Network (VA); Moms for Liberty (TN); Oklahoma Council of Public Affairs; Palm Beach Freedom Institute; Rhode Island Center for Freedom and Prosperity; Roughrider Policy Center (ND); South West Policy Group (AZ); and United Against Racism in Education (MD).
Religious Groups (12): American Association of Evangelicals; Association of Christian Schools International; Catholics Count; Coalition of African American Pastors; Coalition of Conservative Christian Colleges; Conservatives of Faith; Institute on Religion and Democracy; Katartismos Global; Schindler’s Ark; Maranatha House Ministries; Tradition, Family, Property, Inc.; and Well Versed.
Title IX Law Firms (14): Agee, Owens & Cooper, LLC; Albeit Weiker, LLP; Binnall Law Group; Bucci Law; Friedman & Nemecek, LLC; Jauregui Law Firm; Law Offices of Barry S. Jacobson; Law Offices of Scott J. Limmer; Nesenoff & Miltenberg LLP; Rosenberg & Ball Co., LPA; Rupp Baase Pfalzgraf Cunningham LLC; Sammons Law; Tin Fulton Walker & Owen; and West, Webb, Allbritton & Gentry, P.C.

Campus Free Speech Sexual Assault Sexual Harassment Title IX

Biden Sees Two-Point Approval Drop Following Release of Controversial Title IX Plan

Post author By Edward Bartlett
Post date July 11, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Biden Sees Two-Point Approval Drop Following Release of Controversial Title IX Plan

WASHINGTON / July 11, 2022 – On June 23, President Biden’s Department of Education released its proposed Title IX regulation (1). Two weeks later, Biden’s approval rating had fallen by two full points. The many controversies surrounding the Title IX proposal likely contributed to the approval decline.

According to the Reuters/Ipsos poll of American adults, Biden’s approval rating from June 21- 22 stood at 38%. Two weeks later, July 5-6, his approval had fallen to 36%, a two-point decline. Likewise, the Economist/YouGov poll of registered voters recorded a 43% job approval from June 18-21. Two weeks later, July 2-5, his approval had declined to 41%, a two-point fall (2).

Title IX is the federal law that prohibits sex discrimination in schools. Biden’s recently introduced Title IX regulation features three highly controversial changes:

Expands the definition to “sex” to include “sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.”
Encroaches on free speech by broadening the definition of sexual harassment to include “unwelcome sex-based conduct” that can be evaluated “subjectively and objectively.”
Eliminates a series of due process protections for accused students, marking a return of the notorious “Kangaroo Courts” to college campuses.

These changes are predicted to have harmful ripple effects in six areas: Due process, free speech, pronoun mandates, women’s sports, parental rights, and student privacy in bathrooms and locker rooms (3).

As a result, the Biden education policy has been beset by numerous challenges (4):

Over 100 organizations have gone on record opposing the proposal.
48 editorials have criticized the plan.
The Attorneys General from 20 states have filed a lawsuit against the proposed rule (5).

Both Republican and Democratic lawmakers are expressing opposition to the proposal. In a recent TV interview, former Democratic member of Congress Tulsi Gabbard complained that Biden’s Title IX plan is “rejecting the objective reality that there are biological differences between a man and a woman” and is “essentially pointing to the erasure of women.” (6)

Biden’s recent decline in approval ratings can be attributed to a number of factors, including his controversial Title IX plan. According to the Washington Post, education is one of the top five concerns of Americans as they approach the November elections (7).

Citations:

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

New Title IX Proposal Will Obstruct Free Speech, Worsen Declines in College Enrollments

Post author By Edward Bartlett
Post date July 5, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

New Title IX Proposal Will Obstruct Free Speech, Worsen Declines in College Enrollments

WASHINGTON / July 5, 2022 – The Title IX policy recently proposed by the U.S. Department of Education (1) seeks to dramatically expand the definition of sexual harassment, thereby curtailing free speech on campus. If enacted into law, the change is likely to exacerbate the worrisome 10-year decline in college enrollments.

On June 23, the Department of Education released a proposal to expand the definition of sexual harassment to be “conduct that is sufficiently severe or pervasive, that, based on the totality of the circumstances and evaluated subjectively and objectively, denies or limits a person’s ability to participate” in their education.

This broad definition means that any comment, gesture, or joke that is “subjectively” offensive could trigger a Title IX complaint, and is certain to curtail campus free speech. Several observers have issued statements strongly critical of the proposed definition:

Hans Bader: “The Biden administration’s proposed definition of sexual harassment disregards the Supreme Court’s Davis decision. It adopts a definition of harassment that is even broader in some respects than the broad harassment definition used in workplaces, which the Supreme Court rejected as impractical for schools.” (2)

Robby Soave: “legitimate classroom speech that was subjectively offensive and occurred repeatedly could now become a matter for the campus Title IX cop.” (3)

Independent Women’s Law Center: “Under the proposed rules, schools that do not crack down on ‘misgendering’ or the refusal to use preferred pronouns can have their federal funding revoked or be sued for monetary damages.” (4)

If the proposed changes go into effect, they will likely impact college enrollments, which have declined 13% over the past decade (5), with male students the hardest hit (6). The National Student Clearinghouse Research Center recently reported the alarming fact that “postsecondary institutions have lost nearly 1.3 million students since spring 2020.” (7)

To date, nine Congressional lawmakers, 61 organizations, and 41 commentators have gone on record in opposition to the Title IX proposal (8). SAVE urges college administrators who are concerned about falling student enrollments to speak out against the Title IX proposal.

Citations:

Office for Civil Rights Sexual Assault Sexual Harassment Title IX

SAVE Commends Attorneys General for Lawsuit to Block Dud Title IX Proposal

Post author By Edward Bartlett
Post date June 30, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

SAVE Commends Attorneys General for Lawsuit to Block Dud Title IX Proposal

WASHINGTON / June 30, 2022 – Last Thursday the Department of Education released its proposed Title IX regulation (1). Within days, the Attorneys General from 20 states amended a prior lawsuit (2) against the Department of Education to also obtain a Preliminary Injunction to block implementation of the draft Title IX rule (3).

The June 27 amended lawsuit explains that the Department of Education issued a Notice of Interpretation in 2021 that stated, “Title IX’s prohibition on sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity.” Then the Department of Education used its own sub-regulatory statement as a legal basis for its recent Title IX policy.

This sidesteps the well-recognized administrative procedure to first issue a regulation, and then release guidance that interprets the regulation.

The newly released draft regulation has triggered a strong negative response. Within seven days, the new policy has resulted in (4):

Criticisms by Republican and Democratic members of Congress.
Statements of opposition by over 50 national and state-level organizations
Scathing commentaries by the Editorial Boards of the Wall Street Journal (5) and Washington Examiner (6).
Over 30 editorials, including ones that compare the policy to Soviet Show-Trials (7) and to the Spanish Inquisition (8).

An earlier Attorney General letter to the Department of Education warned, “we will fight your proposed changes to Title IX with every available tool in our arsenal.” (9) Areas of concern include campus due process, free speech, women’s sports, and parental rights (10).

Eleven states have enacted laws designed to assure fairness in campus Title IX proceedings (11). Many of these statutes mandate investigator impartiality, parties’ access to evidence, a formal hearing, cross-examination, and/or the presumption of innocence. All five of these procedures are substantially weakened or eliminated by the draft Title IX policy.

SAVE commends the 20 Attorneys General for taking bold action. SAVE calls on the Attorneys General in the remaining 30 states to take proactive steps to assure campus fairness and due process in all institutions of higher education in their states.

Citations:

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

Unlawful: SAVE Calls on Lawmakers to Reject Biden Title IX Proposal

Post author By Edward Bartlett
Post date June 27, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Unlawful: SAVE Calls on Lawmakers to Reject Biden Title IX Proposal

WASHINGTON / June 27, 2022 – A robust body of American case law undergirds due process and free speech at colleges and universities. Unfortunately, the Title IX policy recently proposed by the Biden Department of Education (1) ignores and effectively overturns much of this case law, ignoring key protections enumerated in the First and Fourteenth Amendments.

The body of Title IX case law includes 145 decisions by trial courts, 29 holdings by appellate courts, and one Supreme Court decision (2). The case law has continued to expand in recent months, with appellate findings against the University of Denver, Cornell University, and Harvard University for violations of fair procedure (3).

Following are examples how the Biden proposal sidesteps these judicial decisions:

The Biden plan would allow the same official to serve as both the investigator and decision-maker, what is known as the “single-investigator” approach. Conflating these two roles constitutes a conflict of interest and leads to biased investigations. Indeed, 47 judicial decisions specifically highlighted the problem of investigative bias.
Under the proposed rule, respondents would be allowed access only to a “description of the relevant evidence,” which could be provided either “orally or in writing.” But 27 judicial decisions called out schools for restricting student’s access to relevant evidence.
The Biden approach would dispense with cross-examination and hearings. Instead, adjudicators would be permitted to ask their questions “during individual meetings with the parties.” But 38 judicial decisions highlighted schools’ lack of adequate cross-examination procedures, and 24 decisions specifically called out the failure of schools to assure adequate credibility assessment of the parties.

The over-reach of the Department of Education policy is most apparent in its proposed definition of sexual harassment. In Davis v. Monroe, the Supreme Court defined sexual harassment as “harassment is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” (4)

In contrast, the Department of Education is proposing to dramatically expand the definition of sexual harassment to be “conduct that is sufficiently severe or pervasive, that, based on the totality of the circumstances and evaluated subjectively and objectively, denies or limits a person’s ability to participate” in their education. This broad definition means that any comment or gesture that is “subjectively” offensive could trigger a Title IX complaint, and is certain to curtail campus free speech.

The proposed Biden plan also violates many provisions found in state-level campus due process laws, which are enumerated on the SAVE website (5).

A recent Wall Street Journal editorial decries, “By proposing to jettison fair proceedings, the Education Department is setting colleges and universities on a collision course with the courts.” (6)

The Department of Education’s Title IX proposal is flawed in its over-arching disregard for due process and fairness, and is antithetical to democratic ideals of free speech. SAVE calls on lawmakers to reject the Biden Title IX proposal.

A listing of media outlets, lawmakers, organizations, and commentators who have already expressed opposition to the Title IX proposal is available online (7).

Citations:

Campus Due Process Sexual Assault Sexual Harassment Title IX

Louisiana Governor Edwards Signs Due Process Bill into Law

Post author By Edward Bartlett
Post date June 23, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Louisiana Governor Edwards Signs Due Process Bill into Law, Setting the Stage for the 50^th Anniversary of Title IX

WASHINGTON / June 23, 2022 – On Tuesday, Louisiana Governor John Edwards signed the “Student Due Process and Protection Act” into law (1). Louisiana joins with nine other states with campus due process laws: Arizona, Arkansas, California, Florida, Georgia, Kentucky, Maryland, North Carolina, and North Dakota (2). The law sets the stage for a renewed focus of Title IX programs to end all forms of sex discrimination.

The new law provides the following due process protections for students attending public colleges and universities in Louisiana:

Right to be informed of their rights.
Right to receive notice of the alleged violation.
Right to be informed of the evidence the institution used to make the charge.
Presumption of innocence.
Access to an administrative file that contains all non-privileged documents pertaining to the allegation.
Elimination of conflicts of interest among counselors, investigators, institutional prosecutor, and adjudicators.
Right to appeal.
Right to legal counsel.
Right to examine and cross-examine witnesses.
Private right of action against the institution to recover actual damages.

Exemplifying strong bipartisanship, House Bill 364 passed both the Louisiana House and the Senate without a single opposing vote in either chamber (3). The due process law, which takes effect on August 1, is generally consistent with the Title IX regulation that was promulgated by the Department of Education in 2020.

The Title IX law, originally enacted in 1972, now faces criticism that it has lost its focus on ending sex discrimination. SAVE’s Analysis of Judicial Decisions Affirming the 2020 Title IX Regulation identifies 43 judicial decisions against universities in which institutional sex bias against male students was highlighted (4).

In his recent concurrence against Cornell University, Appellate Judge Jose Cabranes issued a stern warning about the current state of due process on college campuses:

“I pause briefly to comment, in my own name, that, as alleged, this case describes deeply troubling aspects of contemporary university procedures to adjudicate complaints under Title IX and other closely related statutes. In many instances, these procedures signal a retreat from the foundational principle of due process, the erosion of which has been accompanied—to no one’s surprise—by a decline in modern universities’ protection of the open inquiry and academic freedom that has accounted for the vitality and success of American higher education.” (5)

As we enter the second 50 years of Title IX’s existence, institutional officials are encouraged to read and reflect upon Judge Cabranes’ prescient concurrence.

Links:

Due Process False Allegations Legal Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

Three Recent Appellate Decisions Raise the Bar for Procedural Fairness at Private Universities

Post author By Edward Bartlett
Post date June 20, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Three Recent Appellate Decisions Raise the Bar for Procedural Fairness at Private Universities

WASHINGTON / June 20, 2022 – Three recent appellate decisions highlight the growing number of judicial decisions against private institutions finding a lack of fairness in Title IX proceedings. The decisions were handed down during the past month against Denver University, Cornell University, and Harvard University.

In Doe v. University of Denver, the Colorado Court of Appeals made two findings against the school (1). First, the university’s Equal Opportunity Procedures were found to be sufficiently certain to be enforced under Colorado contract law. Second, “a private educational institution owes a duty, independent of any contractual promises, to adopt fair procedures and to implement those procedures with reasonable care when it investigates and adjudicates claims of sexual misconduct by one student against another.” (2)
In Vengalattore v. Cornell University, appellate Judge Jose Cabranes issued one of the most strongly worded judicial statements ever made in the Title IX context (3). Comparing campus disciplinary committees to the infamous English Star Chambers, the Judge warned gravely, “[T]hese threats to due process and academic freedom are matters of life and death for our great universities.” (4)
In Sonoiki v. Harvard University, the First Circuit Court of Appeals ruled last week on a breach of contract claim, reversing the decision of the district court (5). Following allegations of sexual misconduct against the man, the court chided the University, “Sonoiki reasonably expected the [Administrative] Board to conduct the proceedings in accordance with the procedures laid out in writing as well as in accordance with his fair interpretation of the contractual terms.” (6)

SAVE’s analysis of 170 judicial decisions reveals that each of the 27 major regulatory provisions in the 2020 Title IX regulation is consistent with at least one judicial decision (7). A recent SAVE survey found that 87% of Americans believe that colleges should uphold the presumption of innocence in Title IX proceedings (8).

Persons should urge the Department of Education to assure that its upcoming Title IX regulation assures fair procedures at all institutions of higher education. Contact Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

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

Title IX Reform Emerging as High-Profile Issue for November Elections

Post author By Edward Bartlett
Post date June 13, 2022

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Title IX Reform Emerging as High-Profile Issue for November Elections

WASHINGTON / June 13, 2022 – Title IX is the federal law that bans sex discrimination in schools. As a result of a series of controversial policy changes, Title IX has now become one of the most hotly debated topics in America, and is poised to influence the outcome of numerous elections on Tuesday, November 8.

In 2021, Loudon County, VA approved a policy on Rights of Transgender and Gender-Expansive Students that states, “All students are entitled to have access to restrooms and locker rooms that are sanitary, safe, and adequate…Students shall be allowed to use the facility that corresponds to their consistently asserted gender identity.” (1)

Shortly afterwards, a male student entered the school girl’s bathroom and committed a sexual assault. The incident soon became a flashpoint in the Virginia governor’s race (2), leading to the upset victory on November 3 of Republican Glenn Youngkin over Democrat Terry McAuliffe.

Since then, Title IX controversies have spread to schools across the country. The following Title IX-related events occurred within the past several days:

June 2: In a milestone Title IX decision against Cornell University, appellate Judge Jose Cabranes 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.” (3)
June 8: A Washington Post editorial deplored the Title IX complaints against three eighth-grade boys in Wisconsin for referring to a classmate using the biologically correct pronoun “her,” instead of the classmate’s preferred “them.” (4)
June 8: Female long-distance runner Madison DeBos published a widely circulated editorial in which she shared the “disheartening and even heartbreaking” feeling of competing against biological males (5).
June 12: Democrat Tulsi Gabbard made a statement strongly critical of the new gender pronoun policy at the State University of New York, deriding the policy as an example of “forced conformity” (6).

A recent SAVE survey reveals that 63% of Americans oppose the Department of Education’s plan to expand its long-standing definition of sex to include “gender identity.” The national survey also shows that strong majorities of Americans reject other proposed changes to Title IX (7).

All candidates for political office are urged to outline their views on the need for Title IX reform. Concerned persons should urge the Department of Education to cancel its plans to issue a new Title IX regulation. Contact Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links: