State Legislators’ Sign-On Comment

Require schools to address sex-based harassment as long as it is so “severe or pervasive” that it “limits” a student’s access to education, even if the harassment occurred off campus or abroad, and even if the complainant has since left the school, as long as they were participating or attempting to participate in a school program or activity when they experienced the harassment (proposed §§ 106.2. [...] This is consistent with the Title IX statute, which prohibits sex discrimination against any “person” under an “education program or activity,” including visitors and independent contractors (not just students and employees).12 • LGBTQI+ and pregnant students’ privacy: Issue guidance on protecting the privacy and safety of LGBTQI+ and pregnant students and employees, so that school records are not. [...] Require schools to use the preponderance of the evidence standard in Title IX investigations (instead of allowing schools to use the clear and convincing evidence standard). [...] Remove the proposed requirement for schools to presume that a respondent is not responsible for sex discrimination until the end of an investigation and to inform both parties of this presumption (proposed §§ 106.45(b)(3), 106.46(c)(2)(i)). [...] Issue proposed rules regarding religious exemptions to (i) rescind the 2020 rule that allows non-religious schools to claim religious exemptions, and (ii) require schools to notify the Department of any claimed religious exemption and to publicize any exemptions in their required nondiscrimination notices to students and employees.