UNITED STATES DEPARTMENT OF EDUCATION

OFFICE FOR CIVIL RIGHTS

 

THE ASSISTANT SECRETARY

October 30, 2015

Dr. Anthony W. Alien
President

HannibaIuLaGrange University
2300 Palmyra Road

Hannibal, MO 63401

Dear Dr. Allen:

I write to respond to your August 27, 2015, letter to the US. Department of Education, Office for
Civil Rights (OCR), in which you requested a religious exemption for Hannibal-LaGrange
University (University) of Hannibal, Missouri from Title IX of the Education Amendments of
1972 (Title IX), 20 U.S.C. 1631. Title IX prohibits discrimination on the basis of sex in any
education program or activity operated by a recipient of Federal ?nancial assistance.

The implementing regulation at 34 C.F.R. 106.12 provides that Title IX does not apply to an
educational institution controlled by a religious organization to the extent that application of
Title IX would be inconsistent with the controlling organization?s religious tenets. Therefore,
such educational institutions are allowed to request an exemption from Title IX by identifying
the provisions of Title IX that con?ict with a speci?c tenet of the religious organization. The
request must identify the religious organization that controls the educational institution and
specify the tenets of that organization and the provisions of the law or regulation that conflict
with those tenets.

Your request explained that the University, ?a Southern Baptist institution of higher education,"
?is controlled by a religious organization. That organization is the Missouri Baptist Convention
. . . whose constituency is the cooperating Southern Baptist churches of Missouri.? Your letter
states that to the University?s Charter, the Missouri Baptist Convention controls the
University in part by exercising its right to elect the entire membership of the board of directors
of the University, the governing body of the University.?

Your letter requests a religious exemption from the provisions of Title IX ?to the extent
application of those provisions would not be consistent with the Convention?s religious tenets
regarding marriage, sex outside of marriage, sexual orientation, and gender identity.? In support
of this request, you cite to The Baptist Faith and Message 2000, the most recent statement of
faith adopted by the Convention. According to your letter, that statement of faith explains that
the tenets of the Convention are that marriage is between one man and one woman and serves as

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(J is to ensure eq oat access to education and to promote educa tionaf excellence Ulroughout the na lion.

Dr. Anthony W. Allen page 2

the means for procreation, that God made people in male and female form, and that the gift of
gender is thus part of the goodness of God?s creation.?

You explain that it would not be consistent with the Convention?s religious tenets for the
University to comply with Title IX to the extent that it prohibits the University from ?engaging
in recruiting, admissions, and ?nancial assistance under a policy which called for the
consideration ofan applicant for admission?s sexual orientation, gender identity (including but
not limited to transgendered status), marital status, past and present practices regarding marriage,
and sex outside marriage[; . . . from] subjecting students to rules of behavior, sanctions, or other
treatment because of these student characteristics[; or from] making all employment decisions. . .
in a manner which takes into consideration these employee characteristics.?

You state that, for these reasons, the University is requesting an exemption from the following
regulatory provisions ?to the extent the regulation would require the institution to treat marriage,
sex outside of marriage, homosexuality, and gender identity in a manner that is incensistent with
the religious tenets of the Convention:?

I 34 C.F.R. 106.21 (governing admission);

I 34 C.F.R. 106.22 (governing preferences in admission);

I 34 CPR. 106.23 (governing reoruitment of students);

I 34 C.F.R. 106.31 (governing different rules of behavior or sanctions);

I 34 CPR. (governing the limitation of rights, privileges, advantages, or
opportunities);

0 34 C.F.R. 106.32 (governing housing);

I 34 CPR. 106.33 (governing comparable facilities such as restrooms and locker
rooms);

I 34 C.F.R. 106.37 (governing ?nancial assistance);

I 34 C.F.R. 106.40 (governing different rules based on marital or parental status of
students);

I 34 C.F.R. 106.41 (governing athletics);

I 34 C.F.R. 106.51 (governing employment);

I 34 C.F.R. 106.52 (governing employment criteria);

I 34 CPR. 106.53 (governing recruitment of employees);

I 34 C.F.R. 106.57 (governing the consideration of marital or parental status in
employment decisions); and

I 34 C.F.R. 106.60 (governing pre-employment inquiries).

The University is exempt from these provisions to the extent that they prohibit discrimination on
the basis of marital status, sex outside of marriage, sexual orientation, or gender identity and
compliance would con?ict with the controlling organization?s religious tenets.

Please note that this letter should not be construed to grant exemption from the requirements of
Title IX and the regulation other than as stated above. In the event that OCR receives a

Dr. Anthony W. Allen page 3

complaint against your institution, we are obligated to determine initially whether the allegations
fall within the exemption here granted. Also, in the unlikely event that a complainant alleges
that the practices followed by the institution are not based on the religious tenets of the
controlling organization, OCR is obligated to contact the controlling organization to verify those
tenets. If the organization provides an interpretation of tenets that has a different practical
impact than that described by the institution, or if the organization denies that it controls the
institution, this exemption will be rescinded.

I hope this letter responds fully to your request. If yoo have any questions, please do not hesitate
to contact me.

Sincerely,


atherine E. Lhamon

Assistant Secretary for Civil Rights
US. Department of Education