The US Department for Education has granted a religious exemption to Baylor University which removes its obligation to take action on sexual harassment claims involving LGBTQ+ students. Baylor University, a private Baptist Christian research university in Waco, Texas, sent a letter to the Department of Education Office of Civil Rights on May 1, requesting reassurance that the belief in or practice of its religious tenets by the University or its students would not constitute unwelcome conduct under the department’s definition of sexual harassment under Title IX. This request reportedly came after four complaints of harassment were made against the school, including one allegation that the school failed to respond to students who were harassed for their gender or sexual identity. The US Department for Education granted Baylor University’s request on July 25, meaning that staff and students could not be accused of sexual harassment for their behavior towards LGBTQ+ people, which would be banned under Title IX where the behavior is justified according to their religious beliefs and practices. Baylor’s exemption also means that the university will not lose any federal funding if it neglects to respond to reports of sexual harassment on campus. According to the Religious Exemption Accountability Project, this is the first time a university has requested a religious Title IX exemption to permit sexual harassment and the first time the Department for Education has granted such a request.
