Title IX
Following implementation of a Final Rule revising the U.S. Department of Education’s (DOE) enforcement of Title IX of the Education Amendments of 1972 (which established federal standards for nondiscrimination based on sex), several states and organizations brought a suit against DOE claiming it exceeded its authority under Title IX, violated provisions of the U.S. Constitution, and acted arbitrarily and capriciously in the implementation of its Final Rule. Earlier this month, the U.S. District Court for the Eastern District of Kentucky issued an opinion and order that vacated the 2024 Title IX regulations. The impact of this order is to immediately return all Title IX procedures to the rule implemented August 14, 2020.
The impact of the District Court’s decision is that individuals cannot bring a discrimination claim under Title IX based on sexual orientation or gender identity, only biological sex. This has little practical impact on SDCCD, our employees, or our students. California law expressly protects sexual orientation and gender identity in educational institutions under Title 5 and the Fair Employment and Housing Act. District policies expressly protect the rights of students and employees, prohibiting any form of discrimination or harassment based on an individual’s sexual orientation or gender identity. Our District values and celebrates our LGBTQIA+ communities and welcomes individuals to live authentically. While there are technical differences in the way a discrimination claim is processed under Title IX and Title 5, the legal protections and outcomes for students and employees are effectively the same.
Executive Order – Recognizing two sexes
Last Monday, President Trump issued an executive order requiring executive agencies in the federal government to recognize binary biological sex at birth as the only form of sex identity and eliminating any reference to gender, gender identity, or gender ideology. The order requires federal agencies to revise policies and forms to recognize only male or female identifications as assigned at birth and eliminate gender identity options. The order directs that federal funds cannot be used to promote gender identity and requires entities receiving federal funds to ensure individuals are able to express sex in a binary construct and have access to single-sex spaces. The order also rescinds guidance issued by the Department of Education on supporting LGBTQIA+ communities with a strong emphasis on eliminating any guidance specifically supporting transgender communities.
The executive order does not immediately impact the San Diego Community College District. The laws of the state of California expressly recognize and protect gender identity, sexual orientation, gender expression, and related characteristics. The executive order does not govern the state of California, the community college system, or our District. Our District will continue to provide employees and students the ability to identify and express their gender identity and sexual orientation as they choose and will not impose a binary construct. The elements of the executive order addressing federal funding will require rulemaking by the appropriate federal agencies, which will provide the details necessary to determine whether the executive order will impact any funds received by the District. We will continue to monitor this process closely. This executive order does immediately impact many students, employees, and community members as federal forms and documents will only provide binary biological sex identification options (male or female). Further, the executive order will likely increase harassment of LGBTQIA+ communities. The services provided in our Pride Centers and through community partners will be essential and we will need to expand supports for our LGBTQIA+ students, employees, and community members.
Federal Immigration Enforcement
Several executive orders and directives have been issued over the past eight days to increase immigration enforcement. The orders and directives do not directly impact SDCCD’s operations, but clearly impact directly and indirectly a large number of students, employees, and community members. California law prohibits law enforcement, public education, and other state and local government organizations from assisting federal immigration enforcement officials in performance of their duties. SDCCD adopted Administrative Procedure 3415 to implement the legal restrictions. We are working with the District Governance Council to update the procedure and I will provide a separate email outlining the procedure shortly. We will provide a quick reference guide for all employees to use if approached by anyone requesting information, records, and/or access to facilities, including any subpoena, warrant, or other legal document purporting to give that individual a legal authority to access our institutions.
The Board of Trustees has and continues to fully support our immigrant, refugee, and asylum-seeking community members and has directed me to ensure our District complies with state law to the maximum extent possible. We will continue to fully fund and support our undocumented/dreamer student resource centers and expand community partnerships to connect individuals with support resources to the maximum extent possible. All requests for information, records, and access to District and College facilities for immigration-related activities will be directed to the Chancellor’s Office and General Counsel where we will strictly scrutinize the legality of the request and our right to protect our community members.
Federal Funding Uncertainty
Earlier this week, the Office of Management and Budget (OMB) for the federal government issued a directive ordering a pause in disbursement of nearly all federal funds. Follow up guidance was issued shortly after clarifying that the order did not include student financial aid (e.g. Pell grants), Supplemental Nutrition Assistance Program funds, social security and Medicare payments, and other direct assistance to individuals. A national non-profit organization joined with several other groups in filing a lawsuit challenging the legality of the order. Yesterday afternoon, the judge temporarily blocked portions of the order. Earlier today, OMB rescinded the directive and pause on federal fund disbursements.
This scenario illustrates the disruptions, confusion, and uncertainty we should expect in the months and, perhaps, years ahead. There are two key points I want to share.
First, Chancellor’s Cabinet began discussing and planning for various disruptions to laws, regulations, guidance, funding, and programs early in the fall semester. We identified programs funded by federal and state agencies that would be at risk given the stated priorities and objectives of the Trump Administration. We have and continue to identify alternative funding options to continue program operations. The most valuable resource we have is time, which allows us to plan for continuity of operations. I am confident in our District’s ability to continue programs and services through the end of this fiscal year. We are advocating for expanded financial flexibilities so we are able to maintain and expand programs and services in the 2025-2026 fiscal year. Over the past four years our District has rebuilt a healthy general fund unrestricted reserve and, if needed, I will ask the Board for approval to use those funds to secure our Undocumented/Dreamer Resource Centers, Pride Centers, and other programs supporting students that may be impacted by changes in federal policies and funding.
Second, in moments of doubt and uncertainty one of the most important services we can provide our students, each other, and our community is reassurance. City College and the College of Continuing Education have been serving their communities for more than 110 years. Mesa College has been serving its communities for more than 60 years. Miramar College is quickly approaching its 60th anniversary. Our District just celebrated its 50th anniversary. Collectively, we have endured through social, political, environmental, public health, and economic challenges of many different forms and severity. We have been tested and we have demonstrated our resilience. We can and will continue to advance in uplifting our diverse communities through culturally responsive teaching, learning, and work environments. The challenges will come and go; we will persist, advance, and thrive.
Gregory Smith
Chancellor of the San Diego Community College District