A few weeks ago, an opinion essay in The Bison was critical of my submission of a letter to the Department of Education (DOE) this past summer which claimed Harding University’s exemption from certain aspects of Title IX. I thought that this same space in The Bison might be the best place to explain why Harding claims this exemption and to clarify a few matters mentioned in the opinion letter about which I believe there is some misunderstanding.
Title IX was passed in 1972 and prohibits colleges from discriminating against anyone based on their sex. From its beginning, Title IX allowed an exemption for religious colleges who find certain Title IX requirements to be at odds with their religious convictions. When such a conflict occurs, the schools are instructed to submit a letter to the government stating what that conflict is. This doesn’t mean that schools can opt out of Title IX, but it allows religious schools to claim an exemption from the particular aspects of the law that they find to be in conflict with their religious convictions. Harding University has an official Title IX compliance officer and is committed to complying with the requirements of Title IX, including filing the exemptions that are provided under Title IX law. Harding first claimed this exemption in 1976 and refined it in 1985 and 2016.
The reason for Harding’s recent letter is that the DOE issued a “Dear Colleague” letter in May 2016 indicating that Title IX now prohibits “discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity.” This language would prohibit Harding from enforcing our code of conduct, based on our convictions, that prohibits sex outside of marriage and that affirms marriage as a lifetime covenant between a man and a woman. Our standards on this have not changed, but recent changes in the government’s interpretation of Title IX have made it necessary for us to write an updated letter to the DOE clarifying our claim to the religious exemption that Title IX allows.
Another area I want to clarify involves the perception that Harding is using our Title IX exemption as a way of “refusing housing, financial aid, counseling or enrollment to individuals based on their sexual orientation or gender identity.” This is neither our intent nor our practice. People who experience same-sex attraction are welcome at Harding. Our code of conduct does not attempt to control, investigate or enforce restrictions on self-perceptions of any kind. Our code of conduct is about behavior. This code of conduct, which is applied to all students, faculty and staff, is rooted in Biblical principles. Based on our understanding of Scripture (Romans 1:24-27; 1 Corinthians 6:9-11), we believe that homosexual behavior is sinful. I say that with a keen awareness that the Bible calls me to “examine myself” any time I call anyone else’s behavior sinful (Galatians 6:1).
Finally, I want to state emphatically that there is absolutely no place at a Christian university for the bullying or mistreatment of anyone for any reason. Every single Harding student and employee is a valued part of this community and is granted the protection of this community. Any time that anyone for any reason feels threatened or harassed, we want to know about it. We take this very seriously and will immediately correct the situation. While we cannot claim to be perfect, Harding is committed to being a place where kingdom values shape how we live and how we treat one another. A community of mission must always be a community of love.
