Students at Winona State University have been concerned about how Title IX is implemented for many years. From the process of reporting an assault on campus to how many coordinators are there to handle cases, and now another concern has cropped up at Winona State. The question of whether or not Title IX is properly being implemented in order to protect LGBTQ+ students at Winona State.
Title IX was created in 1972 and it is broadly described as a federal law the prohibits discrimination based on sex in any education program or activity that receives federal funding. In April 2024 the U.S. Department of Education release a final Title IX rule overview that made regulations regarding discrimination based on sex more clear cut. This rule update has happened due to the Department of Education wanting to ensure that Title IX is fully affective in protecting LGBTQ+ students. This new rule change was supposed to go into effect on Aug. 1, 2024, yet Minnesota State last reviewed the Equal Opportunity and Nondiscrimination in Employment and Education (1B.1) portion of Title IX in 2022.
With the 1B.1 policies not having been reviewed since 2022, and more specific rules having been implemented since then, it has left students and staff alike wondering if the protection of LGBTQ+ people is truly accounted for in the Title IX regulations that Winona State utilizes.
Women’s, Gender, and Sexuality Studies (WGSS) instructor, TL Jordan, finds that Winona State not adopting the Title IX policies that add more explicit protection for the LGBTQ+ community on campus is harmful. Especially in a time where LGBTQ+ students and staff do actively face discrimination on campus, and there being larger attacks on LGBTQ+ people’s rights in the recent years.
“Our university needs to be firm in their support of queer and trans students and staff, and updating the Title IX policies to reflect that is crucial,” Jordan said. “Many of our LGBTQIA+ students and staff do face discrimination on campus, and with continued attacks on LGBTQIA+ people, our campus has the opportunity to reaffirm its commitment to marginalized students by updating Title IX polices to reflect the updated rules.”
The newest ruling for Title IX that were meant to be implemented in Aug. 2024 was based on a Supreme Court decision that makes clarifications on what qualifies as discrimination. These clarifications are made so that discrimination based on sex stereotypes, sexual orientation, gender, and sex characteristics are all explicitly covered by Title IX.
Lori Mikl, the Title IX coordinator here at Winona State, gives insight to why these new rules may not have been explicitly implemented.
“The University has a clear, 1B1 policy, Equal Opportunity and Nondiscrimination in Employment and Education, prohibiting discrimination and harassment based on sex, sexual orientation, gender identity, and gender expression,” Mikl said. “Minnesota added these protected classes in its Minnesota Human Rights Act statute in 1993. As a result, our policy predates the recent Title IX regulation changes.”
Despite the Minnesota State policies predating the most recent Title IX updates, it still has left people with concerns over Title IX truly protecting LGBTQ+ students and staff. It also has left people wondering if Title IX will protect other “protected classes” as it is supposed to.
Many places that aren’t updating their Title IX to reflect the most recent changes may argue that the policies don’t need to be changed. This would be because Title IX already seems to protect students and staff from discrimination based on sexual orientation, gender identity, etc. However, the current Title IX policies may not be as protective as they first appear.
“Not updating these policies keeps things murky and can make the process to address queer and trans discrimination much more difficult to jump through. Updating the policies may come with additional changes for the university, but any change that protects marginalized students is worth that labor.”
