‘Unconstitutional’ Biden-era Title IX policies still ‘on the books’ at some Florida universities, legal expert says
Despite the Trump and DeSantis administrations’ crackdown on gender ideology, three public universities in Florida still have allegedly “unconstitutional” policies that penalize students who refuse to use someone else’s “preferred pronouns,” according to a legal expert.
The Southeastern Legal Foundation sent letters to the University of North Florida, University of West Florida, and Florida International University this month urging them to revise their Title IX policies and protect students’ free speech, according to a news release.
Cece O’Leary, vice president of legal initiatives, told The College Fix that June is Title IX month, and “we should really be seeing a lot of celebrating and uplifting women and girls across the country.” The federal law prohibits discrimination on the “basis of sex” by “any educational program or activity” that receives federal funding.
“Instead, what we’ve been seeing are schools, colleges, and universities stripping women and girls of their titles and trophies in sports,” she said.
“We’ve seen an erasure of protections for not only women, but also men on campus. And we’re seeing this culture of censorship everywhere you look,” O’Leary (pictured) said in a recent video call.
In the letters to the three universities, the liberty-focused legal foundation alleges the three universities have policies that violate students’ First Amendment rights to free speech.
It described the policies as “overly vague,” asserting that they “create an environment where students will be afraid to voice their beliefs or questions in regard to ‘gender identity’ and biological sex.”
When asked about examples of how these school’s policies could stifle free speech, O’Leary cited a Florida International University policy that she said redefines sex to include “gender expression, gender identity, and sexual orientation.”
An implication of policies like this is that students who complain “about the biological male in the women’s restrooms” or refuse to “recognize preferred pronouns” could be considered guilty of discrimination, she told The Fix.
MORE: Military college should drop policy coercing students to use transgender pronouns: legal group
Another example O’Leary cited was a University of West Florida “harassment” policy that “raises due process concerns” by allowing the institution to take “disciplinary measures against a speaker” before they are given a “fair trial.”
Even if a student gets a trial, the panel often consists of “one or two” administrators who “tend to side with woke ideologies,” she told The Fix. Additionally, students sometimes aren’t given an advisor or notice of upcoming hearings or charges, she said.
In the letter to UWF, the foundation also alleges its policy “will leave students who believe in the biological reality that only two sexes exist wondering when and how they will be punished for speaking the truth.”
The Fix emailed the media relations offices of the University of West Florida, University of North Florida, and Florida International University for comment twice within the past two weeks, asking about the letters and policies, but none responded.
O’Leary said their policies are “remnants” of former President Joe Biden’s attempts to rewrite Title IX, which many federal courts found to be “unconstitutional” prior to President Donald Trump restoring these “common-sense protections.”
The Trump administration recently published a Title IX fact sheet that explains a new regulation ensuring students receive due process when they are accused of sexual misconduct.
It states that the regulation aims to end unfairness in higher education bureaucracy, which has “often stacked the deck against the accused, failing to offer protections such as a presumption of innocence or adequate ability to rebut allegations.”
O’Leary told The Fix that she expects “swift action” from Florida Gov. Ron DeSantis’s administration if the universities refuse to revise their Title IX policies accordingly.
The governor’s communications team did not respond to an email last week from The Fix, asking if it had reviewed the letters or spoken with the universities about the alleged problems with their policies.
Overall, O’Leary said her foundation is working to “sound the alarm against these woke gender policies that are still on the books in colleges across America.”
She said her organization wants to “make campuses safer not only for women and girls, but for all students who want to express their views freely.”
MORE: Ed. Dept. launches investigation into U. Wyoming for allowing male in sorority
IMAGE CAPTION AND CREDIT: Individuals’ pronouns are displayed in front of a LGBTQ pride flag; Yanishevska/Shutterstock, Cece O’Leary / Southeastern Legal Foundation