Title IX

Title IX Definition

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Title IX, a clause of the 1972 Education Amendments

Background:

Title IX has brought an end to many injustices since it was enacted almost 50 years ago. However, bureaucrats have expanded the definitions of discrimination and harassment over the years in a way that has been harmful to students on campus. The process for adjudicating serious allegations on campus, for example, has been plagued by bias, vagueness, and overreach – undermining a system that was intended to ensure access to education for all students. Instead, bureaucrats have created a climate of fear and suspicion on campus and destroyed students’ appreciation for the traditions of fairness upon which this country was built.

In May of 2020, new Title IX rules were issued by the Department of Education which provided much-needed clarity for students, universities, families, and administrators. They also enshrined procedural safeguards that started to restore trust in a broken system.

Unfortunately, the Biden Administration has proposed new Title IX rules that will once again open the door for universities to restrict speech more than they already do. As it stands, by utilizing precedent set by the U.S. Supreme Court, the 2020 Rule strikes the proper balance between allowing universities to properly regulate sexual harassment under Title IX and complying with the First Amendment. However, the new proposed rules broaden the definition of ‘harassment’ to the point where students could be investigated and disciplined for not using certain pronouns, misgendering someone, or for even expressing political ideas. Compelling and chilling protected speech is fundamentally unconstitutional.

What YOU Can Do:

If you are a student or you know a student who was punished or investigated under Title IX for misgendering or not using someone’s requested pronouns, or for any other form of constitutionally protected speech, tell us your story!  The more we know your story the more we can amplify the message in the media and increase public awareness.

Contact Department of Education Secretary Miguel Cardona, telephone (202) 401-3000; fax (202) 260-7867; email ocr@ed.gov or submit a formal comment. You can find instructions on how to submit a comment using resources from our allies here and here. You have until September 12th to submit public comments.