HeartStrong, Inc.heartstrong@heartstrong.org
The Right to Expel
July 25, 2014
When
word spread this month that George Fox University had received an exemption to Title IX,
allowing it to discriminate against a transgender student by denying him the
housing he requested, many advocates for transgender students were stunned.
Federal regulations under Title IX of the Education
Amendments of 1972 do in fact require the Education Department to exempt
colleges from rules that violate their religious beliefs. During the
debate, George Fox officials noted that they were objecting to a housing request
only, and that they haven't kicked the student out of the university.
But
now the Education Department has confirmed that it has since awarded two more
exemptions to Title IX to Christian colleges that want to discriminate against
transgender students. These colleges assert (and the Education Department
agreed) that they should be exempt from more of Title IX than just housing
equity. These colleges have policies to punish transgender students for being
transgender students, apparently up to expulsion -- and they can now do so
legally. The two institutions are Spring Arbor University, in Michigan, and
Simpson University, in California.
Spring
Arbor is affiliated with the Free Methodist Church and its traditions. It
requested exemption from Title IX with regard to issues of admissions,
behavioral rules, housing, access to restrooms, athletic participation and
more.
The
university's student handbook says:
"Spring Arbor University reserves the right to terminate or deny enrollment of
those whose influence upon our community should prove to be in our judgment
intractably contrary to the best interests of our students, and commitments to
our university and to our Lord. Therefore, Spring Arbor University will not
support persistent or conspicuous examples of cross-dressing or other
expressions or actions that are deliberately discordant with birth gender, and
will deal with such matters within the appropriate pastoral and conduct
processes of the university."
The
university also sought and received permission to enforce rules against gay
students. In the letter to the Education Department requesting an exemption, the
university wrote: "The university has deeply held religious beliefs, based upon
Biblical principles and the Book of Discipline, which do not allow for any
sexuality, other than heterosexuality. The university also believes, based upon
Biblical principles, that a person cannot change their birth gender." The
university also stated that these rules apply to hiring as well.
While
there are no public complaints against Spring Arbor related to its treatment of
transgender people, the issue has come up previously. In 2007, the university settled a complaint to
the U.S. Equal Employment Opportunity Commission by a former dean who had been
demoted and restricted to online instruction after her transition. Terms of that
settlement were not released.
Simpson
University made a similar case for its exemption to Title IX. Its request --
approved by the Education Department -- cited its affiliation with the Christian
and Missionary Alliance to say that it must discriminate against both gay people
and transgender people. "
[S]exual
practices that are divorced from loving, covenental relationships between men
and women pervert God's intentions and result in sinful behavior that ruptures
relationships between men and women, and erodes the relationship between human
beings and their creator." The letter goes on to say that "any individual who
violates campus standard for biblical living is subject to discipline, including
expulsion."
Education
Department officials have said that they have no choice but to grant exemptions
that are based on colleges' religious beliefs. The colleges' policies are not
new, but the Education Department only recently determined that Title IX
protects transgender students. Simpson officials did not respond to requests for
comment.
Malachi
Crane, a spokesman for Spring Arbor, via email praised the exemption the
university received. "We are grateful to live in a nation where we as a
Christ-centered university may shape our institution in accordance with our
convictions and commitments," he said.
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