In a letter to educators to be released today, Oct. 26, Assistant Secretary of Education for Civil Rights Russlynn Ali will provide guidance to the educators on, among other topics, their obligations under Title IX to protect LGBT students from sexual harassment and gender-based harassment resulting from sex stereotypes.
In a conference call with reporters on Monday, a spokesman for the Education Department said, "This is the first time that the Office for Civil Rights in the Department of Education has articulated and clarified responsibilities educators have to protect GLBT folks against the type of harassment covered under gender stereotyping and gender harassment."
In the letter, Ali writes:
Title IX prohibits harassment of both male and female students regardless of the sex of the harasser—i.e., even if the harasser and target are members of the same sex. It also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping. Thus, it can be sex discrimination if students are harassed either for exhibiting what is perceived as a stereotypical characteristic for their sex, or for failing to conform to stereotypical notions of masculinity and femininity. Title IX also prohibits sexual harassment and gender-based harassment of all students, regardless of the actual or perceived sexual orientation or gender identity of the harasser or target.