LDB President to Testify on Federal Sexual Harassment Policy

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Washington, D.C.—The U.S. Commission on Civil Rights announced today that Louis D. Brandeis Center President Kenneth L. Marcus will at the Commission’s Briefing on Federal Enforcement of Title IX Sexual Harassment Law in Elementary, Secondary, and Post-secondary Schools on Friday July 25, 2014, at 9:00 a.m. The Commission will examine the effect of recent federal guidance on sexual harassment in schools and possible conflicts with constitutional protections. Mr. Marcus, who previously headed the U.S. Department of Education’s Office for Civil Rights, will address best practices in ensuring compliance with sexual harassment law consistent with the First Amendment to the U.S. Constitution.

The U.S. Departments of Education and Justice enforce Title IX, which protects the right of students in public schools receiving federal funds to get an education in an atmosphere free of sexual harassment. During the July 25 briefing, the Commission will examine the effects of recent federal guidance on sexual harassment in schools and possible conflicts with constitutional protections.

Mr. Marcus is no stranger to the Commission, having served as its Staff Director from 2004-2008. He has returned to the agency from time to time to provide expertise on various topics, including religious freedom, anti-bullying policies, and opposition to anti-Muslim, anti-Arab and anti-Sikh discrimination. For example, in May 2011, Marcus testified (http://www.brandeiscenter.com/images/uploads/articleuploads/testimony_bully.pdf) before the Commission on religious harassment in the public schools against Arabs and Muslims.

On the subject of the Commission’s briefing, the Brandeis Center has published best practices guides to instruct officials on how best to resolve hostile environments, including serious forms of campus anti-Semitism, while fully protecting the First Amendment rights of all concerned. Marcus commented, “The Civil Rights Commission should be applauded for bringing public attention to the serious problem of sexual harassment in American higher education, as well as the complex issues involved in protecting the civil rights and civil liberties of all concerned.”

Other speakers at the Commission’s briefing will include James Cadogan from the Civil Rights Division of the Department of Justice, Chris Chapman from the National Center for Education Statistics of the Department of Education, Seth Galanter from the Office for Civil Rights of the Department of Education, Fatima Goss Graves from the National Women’s Law Center, Catherine Hill from the American Association of University Women, Anita Levy from the American Association of University Professors, Greg Lukianoff from the Foundation for Individual Rights in Education, Ada Meloy from the American Council on Education, Allison Randall of the Office of Violence Against Women from the Department of Justice, and Eugene Volokh of University of California, Los Angeles Law School.

Mr. Marcus, Seth Galanter, Greg Lukianoff, and James Cadogan are expected to testify from 9:05am-10:35am on Guidance to the Office of Civil Rights of the Department of Justice. Then, Chris Chapman, Catherine Hill, and Allison Randall will speak on data they have collected in reference to Sexual Harassment from 10:35 a.m. to 11:56 a.m. Finally, Eugene Volokh, Ada Meloy, Anita Levy, and Fatima Goss Graves will brief the Commission on the pros and cons of guidance by the Office for Civil Rights and the Department of Justice from 11:56 a.m. to 1:30 p.m.

The briefing will take place at:
U.S. Commission on Civil Rights
1331 Pennsylvania Avenue NW, Suite 1150
Washington, D.C. 20425