Administration’s Expansive Interpretation of Title IX Threatens Religious Freedom and Academic Freedom at Religious Colleges

In October 2014, the U.S. Department of Education’s Office of Civil Rights issued its Title IX Resource Guide, here: https://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-guide-201504.pdf, that expansively interpreted the type of speech and other conduct that might constitute sexual harassment. The Department subsequently threatened loss of federal funds if a college failed to integrate this interpretation into its policies. For an interesting report how DOE’s actions burden the academic freedom and religious freedom of Catholic and other Christian colleges, their administrators, and faculty experience, see “Gender Identity vs. Catholic Identity Face-Off After Title IX Expansions,” National Catholic Reporter (January 25, 2016), here: http://www.ncregister.com/daily-news/gender-identity-vs.-catholic-identity-face-off-after-title-xi-expansions/ . Our LRRC Religious Institutions Group attorneys have helped a number of college acquire exemption from these regulations.

Image Courtesy of: William Murphy Used under Creative Commons license.

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