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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
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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
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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/

 

Categories
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

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:

  1. https://www.wicker.senate.gov/2022/7/wicker-hyde-smith-oppose-biden-s-flawed-title-ix-proposal-urge-extension-of-public-comment-period
  2. https://www.chronicle.com/article/mandatory-reporting-is-exactly-not-what-victims-need?cid=gen_sign_in
  3. https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2022/pr22-24-complaint.pdf
  4. https://www.realclearpolitics.com/video/2022/07/26/trump_sickos_pushing_sexual_content_in_kindergarten_is_a_hallmark_of_cultural_decay.html
  5. https://www.rga.org/wp-content/uploads/2022/07/Joint-Letter-to-President-Biden-opposing-reinterpretation-of-Title-IX-7.27.2022-new.pdf
  6. https://catholicnews.com/hhs-proposes-health-care-rule-on-abortion-transgender-services/
  7. https://www.commonsense.news/p/the-beginning-of-the-end-of-gender?utm_source=substack&utm_medium=email
  8. https://www.saveservices.org/camp/weaponization/
  9. https://www.saveservices.org/2022-policy/
  10. https://www.saveservices.org/2022-policy/rally/
  11. https://williamsinstitute.law.ucla.edu/publications/trans-adults-united-states/

 

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

Three Judicial Decisions Spotlight Flaws of Biden Title IX Plan. SAVE Urges Lawmakers to Not Remain Silent.

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Three Judicial Decisions Spotlight Flaws of Biden Title IX Plan. SAVE Urges Lawmakers to Not Remain Silent.

WASHINGTON / July 25, 2022 – Three judicial decisions handed down in the past month reveal major problems with the proposed Title IX policy that was recently released by the Department of Education (1). Over 130 organizations around the country have come out in opposition to the plan (2). SAVE urges lawmakers to speak out strongly against the Biden proposal.

The three judicial decisions highlight the harmful effects of the Title IX proposal on free speech, women’s sports, and due process.

  1. Free Speech

On June 30, the District Court of Idaho handed down a decision against the University of Idaho in favor of three Christian law students who had objected to Title IX “no contact orders” that were issued against them (3). The orders had been issued only because the students had offered to engage in a respectful conversation about biblical teachings of marriage and sexuality. In the ruling, Judge David Nye noted that the university’s actions, “were designed to repress specific speech.”

The decision highlights the fact that the Department of Education is proposing a sweeping re-definition of sexual harassment that many believe will interfere with the exercise of free speech (4).

  1. Women’s Sports

On July 15, Judge Charles Atchley of the Eastern District Court of Tennessee ordered the U.S. Department of Education to cease its unlawful enforcement of a directive allowing transgender athletes to participate in women’s sports (5).

The decision is timely because the proposed Title IX regulation would expand the definition of “sex” to include “gender identity,” opening the door to wider participation of transgenders in women’s sports. In response, federal lawmakers of both parties have issued statements condemning the policy’s harmful effects on female athletics (6).

  1. Due Process

Last Wednesday, Judge CJ Williams of the District Court of Northern Iowa issued a sweeping decision against Fordt University. The court noted widespread procedural irregularities including not informing the accused student of his rights, bias by the Title IX Coordinator, and the shredding of documents by school officials (7). The decision was one of the most sweeping Title IX rulings issued in the past decade.

Similar irregularities would be encouraged by the Biden plan, which removes a student’s right to a number of fundamental due process protections such as impartial investigations and cross-examination (8).

A more detailed analysis of the free speech, women’s sports, and due process concerns raised by the Biden Title IX proposal is available online (9). Even though the federal Title IX law was enacted to curb sex discrimination in schools, many believe the recent Title IX proposal will actually worsen these problems (10).

A rally will be held in Washington, DC on August 11 to highlight these concerns, and to call on the Department of Education to abandon its plans to move forward with the Title IX proposal (11).

Citations:

  1. https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm.pdf
  2. https://www.saveservices.org/2022-policy/
  3. https://adfmedialegalfiles.blob.core.windows.net/files/PerlotMPIorder.pdf
  4. https://www.thefire.org/proposed-title-ix-regulations-would-roll-back-essential-free-speech-due-process-protections-for-college-students/
  5. https://adfmedialegalfiles.blob.core.windows.net/files/TennesseeOrderOpinionPI.pdf
  6. https://www.saveservices.org/2022-policy/
  7. https://storage.courtlistener.com/recap/gov.uscourts.iand.56248/gov.uscourts.iand.56248.72.0.pdf
  8. https://www.americanthinker.com/articles/2022/07/will_biden_bring_back_kangaroo_courts_at_the_university.html
  9. https://www.saveservices.org/camp/weaponization/
  10. https://www.usatoday.com/story/opinion/columnist/2022/07/09/new-biden-title-ix-rule-may-erase-students-due-process-rights/10007312002/?gnt-cfr=1
  11. https://www.saveservices.org/2022-policy/rally/
Categories
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

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.

  1. 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)
  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)
  3. 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:

  1. https://www.thefire.org/in-major-victory-colorado-court-finds-that-accused-students-at-private-universities-are-entitled-to-fair-hearings/
  2. https://cases.justia.com/colorado/court-of-appeals/2022-20ca1545.pdf?ts=1653588420
  3. https://www.realclearpolitics.com/articles/2022/06/12/cornell_due_process_and_liberal_education_147733.html
  4. https://www.ca2.uscourts.gov/decisions/isysquery/ce4cef90-9788-4406-9a1e-09c8f499fb77/2/doc/20-1514_complete_opn.pdf
  5. https://blog.simplejustice.us/2019/10/24/before-anyone-knew-there-was-damilare-sonoiki/
  6. http://media.ca1.uscourts.gov/pdf.opinions/20-1689P-01A.pdf
  7. https://www.saveservices.org/title-ix-regulation/analysis-of-judicial-decisions/
  8. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
Categories
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

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:

  1. 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)
  2. 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)
  3. 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).
  4. 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:

  1. https://go.boarddocs.com/vsba/loudoun/Board.nsf/files/C5SKU952786E/$file/Policy%208040%2C%20RIGHTS%20OF%20TRANSGENDER%20AND%20GENDER-EXPANSIVE%20STUDENTS%20(June%208%2C%202021).pdf
  2. https://www.politico.com/news/2021/10/28/sexual-assault-schools-virginia-governor-race-517481
  3. https://reason.com/volokh/2022/06/03/second-circuit-judge-judge-jose-cabranes-on-deeply-troubling-aspects-of-contemporary-university-procedures/
  4. https://www.washingtonpost.com/opinions/2022/06/08/wisconsin-school-district-pronoun-police/
  5. https://www.foxnews.com/opinion/female-athletes-trans-ncaa-sports
  6. https://www.youtube.com/watch?v=0ZsSAzqZnQQ
  7. https://www.saveservices.org/2022/06/63-of-americans-oppose-expanding-definition-of-sex-to-include-gender-identity/
Categories
Campus Department of Education Free Speech Office for Civil Rights Press Release Sex Education Sexual Assault Sexual Harassment Title IX

63% of Americans Oppose Expanding Definition of Sex to Include ‘Gender Identity’

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

63% of Americans Oppose Expanding Definition of Sex to Include ‘Gender Identity’

WASHINGTON / June 6, 2022 –  A new survey reveals that nearly two-thirds of Americans oppose the Department of Education’s plan to expand its long-standing definition of sex to include “gender identity” (1). The national survey, conducted for SAVE by YouGov, also shows that strong majorities of Americans reject other proposed changes to Title IX, the federal law that bans sex discrimination in schools.

Following are respondents’ responses to the six survey questions, among those who offered an opinion:

  1. Definition of Sex:
  • Keep traditional biological definition: 63%
  • Expand the definition to include “sex stereotypes, sex-related characteristics (including intersex traits), pregnancy or related conditions, sexual orientation, and gender identity:” 37%
  1. Transgender Participation in Women’s Sports:
  • Allow: 29%
  • Not allow: 71%
  1. Parental Consent Prior to School Counseling about Gender Dysphoria:
  • Require parental consent prior to counseling: 61%
  • Not require parental consent: 39%
  1. Parental Opt-out for Children’s Participation in Sex Education Classes:
  • Allow parental opt-out: 69%
  • Not allow parental opt-out: 31%
  1. Presumption of Innocence or Guilt for College Disciplinary Hearings:
  • Presumption of innocence: 87%
  • Presumption of guilt: 13%
  1. Definition of Sexual Harassment:
  • Retain current definition to protect free speech: Conduct that is “so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims’ educational experience that the victim-students are effectively denied equal access to an institution’s resources and opportunities:” 57%
  • Expand the current definition to discourage persons from saying things that may be unwelcome or upsetting: 43%

Overall, males and females gave similar responses, with the exception of Question 6. While 66% of males preferred to retain the current definition of sexual harassment, 53% of females indicated a preference to expand the definition of sexual harassment to discourage statements that may be unwelcome or upsetting.

For all six questions, 17-24% of all persons responded, “No opinion/Don’t know.” The “No opinion/Don’t know” responses were excluded from the results presented above. The full survey results and cross-tabulations can be viewed online (2).

All data are from YouGov Plc.  Total sample size was 2,566 adults. Fieldwork was undertaken between May 31 to June 2, 2022.  The survey was conducted online. The data have been weighted and are representative of all U.S. adults (ages 18+). Response options were randomly switched to minimize primacy-recency effects.

Nearly 90 groups have expressed opposition to the draft Title IX regulation (3), which is expected to be issued later in June. SAVE urges concerned persons to speak out to assure the upcoming Title IX regulation conforms to the opinions of a majority of Americans.

Contact Department of Education Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov.

Links:

  1. https://www.washingtonpost.com/education/2022/03/30/transgender-discrimination-title-ix-rule-students/
  2. https://www.saveservices.org/wp-content/uploads/2022/06/YouGov-Survey-Results-Title-IX-22-6.3.2022.xlsx
  3. https://www.saveservices.org/camp/weaponization/
Categories
Campus Due Process Free Speech Office for Civil Rights Press Release Sexual Assault Sexual Harassment Title IX

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

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

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

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

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

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

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

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

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

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

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

Links:

  1. saveservices.org/wp-content/uploads/2022/05/Stop-the-Weaponization-of-Title-IX-Resolution-5-2-22.pdf
  2. https://www.saveservices.org/camp/weaponization/
  3. https://dfipolicy.org/wp-content/uploads/2022/04/Title-IX-Coalition-Letter-to-OCR-04.04.2022.pdf
  4. https://media.dojmt.gov/wp-content/uploads/Title-IX-Coalition-Letter-4.5.22.pdf
  5. https://speechfirst.org/wp-content/uploads/2021/02/UCF-Op-2.pdf
  6. https://lawliberty.org/forum/a-tale-of-two-statutes/
  7. https://www.saveservices.org/wp-content/uploads/2022/04/Analysis-of-Title-IX-Regulation-3.24.2022.pdf
  8. https://www.washingtonpost.com/education/2022/03/30/transgender-discrimination-title-ix-rule-students/
  9. https://katv.com/news/nation-world/more-states-push-legislation-banning-transgender-athletes-from-womens-sports-trans-competitors-lia-thomas-save-womens-sports-iowa-kentucky-south-carolina-high-school-sports-gender-biological-sex
Categories
Campus Department of Education Due Process Free Speech Press Release

Twitter Controversy Highlights Precarious State of Campus Free Speech. Concerned Persons Urged to Act by Friday.

PRESS RELEASE

Rebecca Stewart: 513-479-3335

Email: info@saveservices.org

Twitter Controversy Highlights Precarious State of Campus Free Speech. Concerned Persons Urged to Act by Friday.

WASHINGTON / April 26, 2022 – Monday’s news that Elon Musk reached an agreement to purchase Twitter for $44 billion has triggered heated debate about the role of free speech in American society, including on college campuses.

While many hailed the Twitter purchase as helping to restore democratic ideals, Robert Reich, former U.S. secretary of labor and professor at the University of California at Berkeley, darkly warned that Musk was seeking to “control one of the most important ways the public now receives news.” (1)

The dismal state of campus free speech is revealed by a recent survey of 481 colleges. The survey found that only 12% of colleges received a “green light” rating, meaning the schools had no written policies that seriously imperil free speech (2).

Three recent developments reveal growing momentum in the national effort to restore free speech on college campuses:

  1. Ohio: Last week, it was announced that Shawnee State University had agreed to pay philosophy professor Nick Meriwether $400,000 after disciplining him for not using a transgender student’s preferred pronouns (3).
  2. Oklahoma: Governor Kevin Stitt signed HB 3543 into law, which will establish the Oklahoma Free Speech Committee to review First Amendment complaints at public universities in the state (4).
  3. Florida: Last Thursday, a federal appeals court ruled that the University of Central Florida’s broadly worded free speech policy violates the First Amendment. In a 38-page decision, Judge Kevin Newsom wrote the UCF policy “objectively chills speech because its operation would cause a reasonable student to fear expressing potentially unpopular beliefs.” (5)

Unfortunately, a new threat to campus free speech now looms. In May, the federal Department of Education is expected to release a draft Title IX regulation that many fear will reduce due process protections for students and faculty members accused of violating campus speech codes (6).

In response, the Attorneys General from 15 states sent a strongly worded letter on April 5 to the Department of Education. The letter concludes, “We strongly urge the Department to cancel its plans to engage in rulemaking on Title IX.” (7)

SAVE invites interested persons to contact the Department of Education and urge that the new regulation:

  • Preserve the presumption of innocence
  • Not expand existing definitions of sexual harassment
  • Mandate live hearings with cross-examination of the parties

Contact Secretary Miguel Cardona, telephone (202) 401-3000; email ocr@ed.gov; fax (202) 260-7867.

The new Title IX regulation is expected to be issued in May. Persons are urged to contact Secretary Cardona by this coming Friday, April 29.

Links:

  1. https://www.theguardian.com/commentisfree/2022/apr/12/elon-musk-internet-twitter
  2. https://www.thefire.org/resources/spotlight/reports/spotlight-on-speech-codes-2022/
  3. https://www.npr.org/2022/04/20/1093601721/shawnee-state-university-lawsuit-pronouns
  4. https://legiscan.com/OK/bill/HB3543/2022
  5. https://speechfirst.org/wp-content/uploads/2021/02/UCF-Op-2.pdf
  6. https://lawliberty.org/forum/a-tale-of-two-statutes/
  7. https://media.dojmt.gov/wp-content/uploads/Title-IX-Coalition-Letter-4.5.22.pdf