Elizabeth Hanke for Mankato School Board

Mankato Area Public Schools Proposed Title IX Changes

Title IX Policy Changes: A Shift in Protections and Legal Clarity

Old Policy vs. New Policy: Key Differences

*My name is Elizabeth Hanke, and I am a current school board member at Mankato Area Public Schools. Below is my analysis of the old and new Title IX policies, which we will vote on in April 2025. Please let me know if you believe my analysis is incorrect.

Old Policy: https://resources.finalsite.net/images/v1732304279/isd77org/octvwcuqn68litmdnzer/522-TitleIXSexNondiscriminationPolicyGrievanceProcedureandProcess.pdf
New Policy (Red) and Old Policy (Stricken): https://drive.google.com/file/d/1LsnR2q87-UxTysl3iyW-UpAnmoVyrd09/view

Inclusivity and Athletics

  • Old Policy: Explicitly protected transgender students, aligning with the Minnesota State High School League (MSHSL) transgender-inclusive athletics policy since 2014.
  • New Policy: Focuses narrowly on sexual harassment rather than broader sex discrimination protections. Athletic participation now depends on Minnesota law and MSHSL rules, which continue to allow transgender students to participate in sports that they identify.

Sex Discrimination Coverage

  • Old Policy: Addressed all forms of sex discrimination, including sex-based harassment, with comprehensive procedures for enforcement.
  • New Policy: Limits coverage only to sexual harassment, excluding broader sex discrimination unless directly tied to harassment.

Administrative Complexity

  • Old Policy: Allowed the Title IX coordinator, investigator, and decision-maker to be the same person, streamlining the process.
  • New Policy: Requires separate individuals for these roles, including an appellate decision-maker, increasing bureaucratic complexity.

Response Protocols

  • Old Policy: Emphasized prompt and effective responses with proactive barrier monitoring.
  • New Policy: Describes responses as “not deliberately indifferent,” which is a perhaps weaker standard.

Pregnancy Protections

  • Old Policy: Ensured strong protections against discrimination, requiring reasonable accommodations (e.g., lactation spaces, leaves) and limited documentation demands for pregnant students.
  • New Policy: Offers no specific mention of pregnancy protections. Refers to Policy 544.

Interpretation of “Education Program or Activity”

  • Old Policy: Defined school-controlled environments to include bathrooms, locker rooms, and sports, ensuring access for all students based on gender identity.
  • New Policy: Recognizes sexual harassment within these spaces but does not clarify broader access rights based on sex or gender identity.

Legal Complexity and Risks

  • Old Policy: Could be challenged by opponents concerned with privacy or competitive fairness but aligned with:
    • Policy 102, which ensures gender identity protections.
    • The Minnesota Human Rights Act (MHRA), which prohibits discrimination based on gender identity.
  • New Policy: Introduces some vagueness that could lead to challenges from both transgender advocates and traditionalists, potentially resulting in:
    • Conflicts with Policy 102, which clearly protects gender identity.

Legal Precedents

Bathrooms & Facilities

Sports & Athletics

Current MSHSL Policies

Recent Developments & Legal Challenges

  • Minnesota House of Representatives
    • Education committee approved a bill banning transgender athletes from girls’ sports, challenging the MSHSL’s inclusive policy.
  • KAXE News
    • The U.S. Department of Education is investigating the MSHSL’s transgender athlete policy for potential conflicts with federal directives.

Mentions of Involving Law Enforcement

Current Policy

  • Section: IV. REPORTING PROHIBITED CONDUCT
  • Specific Mention:
    • Subsection D: “Sexual harassment may constitute both a violation of this policy and criminal law. To the extent the alleged conduct may constitute a crime, the School District may report the alleged conduct to law enforcement authorities. The school district encourages complainants to report criminal behavior to the police immediately.”
  • Details:
    • Recognizes that sexual harassment (the policy’s focus) might also be a crime.
    • States the district may report such conduct to law enforcement, implying discretion.
    • Encourages complainants to report criminal behavior directly to police, placing some responsibility on the individual.
  • Context: This appears under the reporting section, emphasizing initial steps when sexual harassment is alleged, without mandating police involvement.

My Personal Conclusion

  • Policy 102 remains a safeguard, ensuring gender identity protections and transgender student access despite the rollback.
  • The new Title IX policies sacrifice some clarity.
  • The district faces a challenging position as it navigates conflicting state and federal guidelines. With a rapidly evolving legal landscape and potential funding implications, adapting to these shifting requirements remains a complex and ongoing task.

Thanks,

Elizabeth Hanke

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