Changes

{{cquote|Although Title IX does not prohibit discrimination on the basis of sexual orientation, sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s program constitutes sexual harassment prohibited by Title IX}}

{{cquote|Although Title IX does not prohibit discrimination on the basis of sexual orientation, sexual harassment directed at gay or lesbian students that is sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s program constitutes sexual harassment prohibited by Title IX}}

==Student on student sexual issues==

==Student on student sexual issues==

For centuries, colleges and universities have had to deal with the sexual activities of students.  For most of this time, there were clear rules that were enforced by summary suspension from the school.  As colleges dropped ''in loco parentis'' policies toward student conduct since the 1960s, an increasing portion of the undergraduate students have become sexually active.  The problem arises when there are claims made after-the-fact that these encounters were not consentual.  Typically, the male student would be brought before a campus judicial system, where there is a presumption of innocence, and the female student would testify against him. In many cases, both were drunk and did not have clear memories of the episode.  Given the presumption of innocence, in a majority of cases, the male student would not be punished.  Feminists then lobbied the Department of Education to interpret such disciplinary procedures as depriving female students of their full educational opportunities in violation of Title IX.  The Department of Education calls romantic encounters that were later regretted "sexual violence."

For centuries, colleges and universities have had to deal with the sexual activities of students.  For most of this time, there were clear rules that were enforced by summary suspension from the school.  As colleges dropped ''in loco parentis'' policies toward student conduct since the 1960s, an increasing portion of the undergraduate students have become sexually active.  The problem arises when there are claims made after-the-fact that these encounters were not consentual.  Typically, the male student would be brought before a campus judicial system, where there is a presumption of innocence, and the female student would testify against him. In many cases, both were drunk and did not have clear memories of the episode.  Given the presumption of innocence and a requirement of proving the man guilty beyond a reasonable doubt, in a majority of cases, the male student would not be punished.  Feminists then lobbied the Department of Education to interpret such disciplinary procedures as depriving female students of their full educational opportunities in violation of Title IX.  The Department of Education calls romantic encounters that were later regretted "sexual violence."

On April 4, 2011, the Department of Education issued a "Dear Colleague Letter"<ref>http://www.ed.gov/ocr/letters/colleague-201104.html</ref> claiming that colleges that receive federal funds had a duty to respond to "sexual violence." The Department of Education expanded the scope of Title IX without issuing a rulemaking or seeking new authority from Congress.  On April 29, 2014, the Department of Education issued further guidance in the form of a 42-page question and answer sheet.<ref name=qa>https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf</ref> These documents take the position that Title IX protects LGTB students from harrassment:

On April 4, 2011, the Department of Education issued a "Dear Colleague Letter"<ref>http://www.ed.gov/ocr/letters/colleague-201104.html</ref> claiming that colleges that receive federal funds had a duty to respond to "sexual violence." The Department of Education expanded the scope of Title IX without issuing a rulemaking or seeking new authority from Congress.  On April 29, 2014, the Department of Education issued further guidance in the form of a 42-page question and answer sheet.<ref name=qa>https://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf</ref> These documents take the position that Title IX protects LGTB students from harrassment: