Baylor University, a Christian institution based in Waco, Texas, has been exempted from sexual harassment claims regulated under Title IX by the U.S. Department of Education. The university requested the dismissal of discrimination complaints made by LGBTQ+ students, arguing that the claims were inconsistent with the university’s religious tenets. After several Title IX discrimination complaints were filed against Baylor, including one for failing to address homophobic harassment, the university wrote to the Office for Civil Rights, stating that it should be exempt from certain aspects of civil rights laws.
Lori Fogleman, Baylor’s assistant vice president of media and public relations, clarified that the university’s religious exemption should not be misconstrued as a “broad-based exception to sexual harassment.” Instead, Fogleman explained that Baylor is concerned about the U.S. Department of Education’s potential expanded definition of sexual harassment, which could infringe on the university’s rights under the U.S. Constitution and Title IX to conduct its affairs in accordance with its religious beliefs.
Title IX is a federal civil rights law that protects against sex-based discrimination in educational programs and activities. In recent years, there has been an expansion of Title IX to include LGBTQ+ students, causing tensions between faith-based or conservative-led institutions and LGBTQ+ individuals seeking protection. Baylor President Linda Livingstone wrote a letter to the federal education agency in May, requesting the dismissal of several complaints made by LGBTQ+ students. Livingstone cited the university’s stance against same-sex relationships and sexual conduct, stating that Baylor’s religious beliefs should exempt it from Title IX requirements that contradict those doctrines.
The U.S. Department of Education responded in July, providing a list of Title IX provisions that Baylor is exempt from based on its religious tenets. This list includes regulations prohibiting sexual harassment. Baylor’s request for a religious exemption to Title IX stems from discrimination complaints filed by LGBTQ+ students, such as Veronica Bonifacio Penales, who found homophobic slurs on her dorm room door and faced harassment from peers. Penales filed a discrimination complaint against Baylor in March 2021, claiming that the university’s policies on gay and lesbian relationships forced her to hide her sexual orientation.
The exemption granted to Baylor does not immediately close Penales’ complaint, but it is likely that the civil rights office will dismiss it. Paul Carlos Southwick, director of the Religious Exemption Accountability Project, stated that no other university has requested such an exemption in the history of Title IX. While the language of the exemption is vague, Southwick believes it does not meet a wholesale exemption from sexual harassment regulations.
Elizabeth Reiner Platt, director of the Law, Rights, and Religion Project at Columbia Law School, expressed disappointment with the exemption, stating that it undermines equality rights and harms religious communities. Baylor has had a troubled history with Title IX compliance, as it was investigated in 2016 over allegations of failing to address sexual-violence claims, particularly those made against football players. The university has since made changes, including the removal of head football coach Art Briles and university President Ken Starr.
It is important to note that Baylor University has been a financial supporter of The Texas Tribune, a nonprofit news organization, but financial supporters do not influence the Tribune’s journalism. The full program for the 2023 Texas Tribune Festival, happening in September, has been announced, featuring over 100 conversations on various topics, including upcoming elections and the changing landscape of cities in Texas and the country.
Link to original article: https://www.texastribune.org/2021/08/25/baylor-university-title-ix-exemption/
Original Story at www.texastribune.org – 2023-08-12 14:20:22
Comments are closed.