DOE GRANTS GEORGE FOX RELIGIOUS EXEMPTION; SAYS COLLEGE CAN REFUSE TRANS STUDENT ON-CAMPUS HOUSING
In April, we wrote about Jayce M., an African-American transgender student at George Fox who wants to live on campus with his friends next year, but was denied on-campus housing by the university. Jayce, a junior at the Christian university of liberal arts and sciences located in Newberg, Ore., has medically, socially, and legally transitioned. Portland attorney Paul Southwick–of Davis Wright Tremaine LLP–filed a Title IX discrimination complaint with the U.S. Department of Education in early April, after repeated efforts to find an amicable solution with George Fox administrators, and after Jayce was denied his final appeal.
This week, the U.S. Department of Education closed (and ostensibly denied) Jayce’s complaint, granting George Fox college an unusually speedy “religious exemption,” and for the time being dashing any hope Jayce had of living on campus with the rest of his friends and classmates. Religious exemptions, it seems, are becoming the new normal. Exemptions, however, historically take years to get, according to Southwick. George Fox got theirs in just a few months. They applied for it–in secret–while meeting with Jayce and–at the time–seemingly negotiating in good faith.
“George Fox University (GFU), without telling us, requested a religious exemption to the Title IX regulations regarding housing, restrooms and athletics as they apply to transgender students,” Southwick explains. “GFU requested this exemption from the U.S. Department of Education (ED) a mere three days before denying Jayce’s final appeal to the university and a mere four days before Jayce filed his complaint with the ED. The ED granted the request for the religious exemption with surprising speed–only two months, rather than the years it has taken historically to get an exemption. Based on the exemption, the ED closed Jayce’s complaint. The ED did all of this without telling us anything about the exemption request, despite my repeated calls and emails for information and status updates. After I received their letter, a representative from ED told me he was ‘not authorized’ to discuss the religious exemption with me. Normally, the ED decides whether to investigate a complaint within 30 days. In Jayce’s case, they made us wait about 90 days, all without telling us the real reason they were making us wait. We are going to appeal the ED’s ruling.”
http://www.pqmonthly.com/breaking-department-education-grants-george-fox-religious-exemption-says-college-can-refuse-trans-students-campus-housing/20071
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