!l l! Hannibal?LaGrange I To: Ms. Catherine E. Lhamon Assistant Secretary for Civil Rights United States Department of Education 400 Maryland Ave. SW. Washington, DC 20202-1 100 From: Dr. Anthony Allen Date: August 27. 2015 Re: Claim of Title IX Religious Tenet Exemption 1 am President of Hannibal?LaGrange University. As such, I am the highest ranking of?cial of this institution. I submit the following statement in order to claim on behalf of the University the religious tenet exemption from Title IX of the Education Amendments of 1972 which is provided for in 20 U.S.C. 1681, and which is the subject of34 C.F.R. 106.12. Hannibal-LaGrange University is a Southem Baptist institution of higher education. It is a Missouri nonpro?t corporation. The University?s address is 2800 Palmyra Road. Hannibal. Missouri 63401. I enclose the Charter of the University. The University is controlled by a religious organization. That organization is the Missouri Baptist Convention. This convention is a Southern Baptist general body whose constituency is the cooperating Southern Baptist churches of Missouri. It is an ?association of churches" in the terminology of the lntemal Revenue Code. Pursuant 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 ofdireetors of the University, the governing body of the University. The Convention?s authority over the University constitutes control by the Convention which is more than suf?cient to cause the institution to be exempt from Title VII of the Civil Rights Act of 1964's general prohibition against religious discrimination in employment under 42 U.S.C. as an educational institution ?which is in whole or in substantial part. owned, supported, controlled. or managed by a particular religion or by a particular religious corporation. association or society." (See. for example, the decision of the United States Circuit Court of Appeals, Eleventh Circuit, regarding our sister Alabama Southern Baptist university in Killinger v. Samford University, 113 F. 3d 196 (1997)). This request for exemption is from provisions of Title 1K to the extent application of those provisions would not be consistent with the Conventionls religious tenets regarding marriage: sex outside of marriage, sexual orientation, and gender identity. Kuowlt?iigr?ir Service 2BODIPALMYRA ROAD HANNIBAL.M1550URI63401-1999 800.HLG.1119 FAX 573.221.6594 I identify those provisions to be: Admissions: 34 C.F.R. 106.21 and ?106.22 including but not limited to 106.21 (governing differential treatment on the basis of sex in admissions); and (governing admissions prohibition on the basis of marital or parental status). Recruitment: 34 C.F.R. 106.23 (governing nondiscriminatory recruitment). Education Programs or Activities; 34 C.F.R. 106.3 1 (governing different rules of behavior or sanctions), and (otherwise limiting any person in the enjoyment of any right, etc); 34 C.F.R. 106.32 (governing housing); 34 C.F.R. ?106.33 (governing comparable facilities such as restrooms and locker rooms); 34 C.F.R. ?106.37 (governing financial assistance); 34 C.F.R. 106.40 (governing different rules based on marital or parental status of students); and 34 C.F.R. 106.41 (governing athletics); Employment: 34 C.F.R. 106.51 (governing employment); 34 C.F.R. 106.52 (employment criteria); 34 C.F.R. 106.53 (recruitment); 34 C.F.R. 106.57 (governing the consideration of marital or parental status in employment decisions); and 34 CPR. 106.60 (governing pro-employment inquires). Our University holds itself out to be a Christian university. Our Mission The mission ofHannibal-LaGrange University is to provide an excellent education in both liberal arts and professional disciplines in a distinctively Christian environment that integrates Christian faith and learning in preparing graduates for personal and career effectiveness. Our Purposes To exercise a stewardship of learning that embraces all of its constituents. including students, prospective students and their families, faculty, staff. administrators, trustees, alumni, donors, churches. and the local community. To provide a strong educational experience, built upon a core of general education courses, offering baccalaureate and associate degrees in liberal arts and professional areas, for both traditional and non-traditional students. To maintain high standards of academic and personal excellence in a biblically~based Christian environment, thus encouraging the highest development ofthe total person - intellectually, physically, socially. and spiritually. To regard all persons as beings created in God?s image and therefore equal in value and worthy of respect. To promote the life of service in keeping with the example ofiesus Christ and with the University motto Scientia ad Serviendum (Knowledge for Service} by challenging students to participate in service-learning and mission projects. To serve additional needs of the community through continuing education, community education, cultural enrichment, activities for young learners, and participation in community endeavors. Southern Baptist religious tenets have been described most extensively and most recently in the Baptist Faith and Message 2000. The messengers constituting the Missouri Baptist Convention have adopted that statement of faith. The Baptist Faith and Message 2000 is attached. In regard to marriage, sex outside of marriage, sexual orientation, and gender identity. the following statements are illustrative: Marriage is the uniting of one man and one woman in covenant commitment for a lifetime. It is God?s unique gift to reveal the union between Christ and His church and to provide for the man and the woman in marriage the framework for intimate companionship, the channel of sexual expression according to biblical standards, and the means for procreation of the human race. XVII The Family, The Baptist Faith and Message 2000. Man is the special creation ofGod, made in His image. He created them male and female as the crowning work of His creation. The gift of gender is thus part of the goodness ofGod?s creation. Man, The Baptist Faith and Message 2000. Christians should oppose racism, every form of greed, sel?shness, and vice, and all forms of sexual immorality, including adultery, homosexuality, and pornography. XV The Christian and the Social Order, The Baptist Faith and Message 2000. Application of a regulation would not be consistent with these tenets if the regulation prohibited the institution from following its policies, that is, ifthe regulation prohibited the University: From engaging in recruiting, admissions, and ?nancial assistance under a policy which called for the consideration of an 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 {these considerations collectively referred to hereafter as ?student and employee characteristics"), and prohibited the institution from treating that person differently as a result of that consideration; From subjecting students to rules of behavior, sanctions, or other treatment because of these student characteristics. Examples would be the institution?s rules regarding eligibility for employment of the student by the institution; the assignment of housing, restrooms and locker rooms; restrictions to athletic activities by birth sex; rules prohibiting homosexual conduct including but not limited to a prohibition of a student?s engaging in sex with a person of his or her birth sex; and prohibition of sex outside of marriage between a man and a woman; From making all employment decisions, including but not limited to selection criteria and pre-employment inquiries, recruitment, the decision to employ, retention decisions, and decisions regarding sanctions, in a manner which takes into consideration these employee characteristics. Thus, this claim for exemption includes exemption from these speci?ed regulations to the extent the regulation would require the institution to treat marriage, sex outside of marriage, homosexuality, and gender identity that is inconsistent with the religious tenets of the Convention. I trust this letter is sufficient, but if you have any questions, please let me know. Thank you for your attention to this matter. Sincerely, Dr. Anthony . President