Legal Clips » ED issues DCL stating that Title IX applies to sexual orientation and gender identity

Legal Clips » ED issues DCL stating that Title IX applies to sexual orientation and gender identity



ED issues DCL stating that Title IX applies to sexual orientation and gender identity

Updated Title IX guidance recently released by the U.S. Department of Education (ED) clarifies that the civil rights law’s protection extends to all students, regardless of sexual orientation or gender identity, reports Education Week.  ED’s announcement is contained in a 45 page Dear Colleague Letter (DCL) whose subject is sexual violence at the collegiate level.  ED’s announcement of its interpretation of Title IX’s applicability to sexual orientation and gender identity, though, apply equally to public elementary and secondary schools.
The American Civil Liberties Union praised the inclusion of transgender students in the new guidance, which came in the form of a question-and-answer update to a 2011 DCL on bullying.  But the organization continues to call on the federal agency to release additional guidance that clarifies how schools should address unique issues related to transgender youth.
“This guidance is crystal clear and leaves no room for uncertainty on the part of schools regarding their legal obligation to protect transgender students from discrimination,” Ian Thompson, an ACLU legislative representative, said in a statement.  “The Office for Civil Rights must now take the next step and issue comprehensive guidance on Title IX and transgender students.”
Here’s what ED’s new DCL says about transgender students:
“Title IX protects all students at recipient institutions from sex discrimination, including sexual violence.  Any student can experience sexual violence: from elementary to professional school students; male and female students; straight, gay, lesbian, bisexual, and transgender students; part-time and full-time students; students with and without disabilities; and students of different races and national origins …”
The guidance goes on to say that schools are obligated to “respond appropriately” to complaints of sexual violence or harrassment “regardless of the sex or sexes of the parties involved.”
“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.”

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