And while many religious colleges since 2014 have secured partial Title IX waivers from the U. Department of Education -- citing religious freedom as a reason to ignore aspects of the Obama administration LGBT guidance -- neither Bob Jones nor Liberty has pursued that option.
Students and alumni have accused both universities of being unwelcoming to gay and transgender students, although perhaps more so for students at the smaller Bob Jones, which has previously acknowledged that its policies “forbid homosexuality” and until 2000 had barred interracial dating.
Several experts said they were aware of no cases where a request from a college had been rejected.
Bob Jones did not respond with comments before this article was published Monday. "While we know many religious institutions have sought the Department of Education’s concurrence that the exemption applies, Liberty has not concluded that it is necessary to do so." Title IX and Federal Aid Whether the Obama administration’s approach with its 2014 guidance document was fair or enforceable, instead of being an example of the executive branch exceeding its authority, depends on whom you ask -- much like considerations of the separate OCR guidance document, issued last May, which said Title IX applies to discrimination based on gender identity as well as gender. As a result, it’s unclear how much binding power the 2014 Obama guidelines would have if challenged.
Liberty said in a written statement that the university is in full compliance with Title IX and there is no conflict between the 2014 guidelines and the university's student honor code. The department has limited enforcement options for any Title IX violation by a college.
A roughly 450-word portion of the 46-page Q&A says all students are protected from “sexual discrimination” under Title IX, including “straight, gay, lesbian, bisexual and transgender students.” The guidelines also say, “Title IX’s sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and OCR accepts such complaints for investigation.
Similarly, the actual or perceived sexual orientation or gender identity of the parties does not change a school’s obligations.” reached out Thursday to officials at Bob Jones and Liberty to respond to questions about their student handbooks and Title IX compliance. "Congress has granted Liberty University a religious exemption to Title IX," the university said. secretary of education, last week called the now rescinded transgender guidance a “very huge example of the Obama administration's overreach.” Conservative policy makers and some within higher education say the U. Congress should be consulted in determining what constitutes a violation of Title IX.