In an August 5, 2014 article on MLive, Spring Arbor University president Brent Ellis said, "we asked for the exemption to maintain being who we are and have been. No way are we changing our policies and practices. We will still be welcoming, but we will not be affirming." Dr. Ellis is referring to exemptions from Title IX of federal law, which protects against discrimination based on sex in schools.
Although we are encouraged that SAU says they have no plans to change their policies and procedures, we remain skeptical.
In Dr. Ellis’ letter to the Department of Education, he clearly states that in regards to a transgender person displaying a gender identity that does not correspond with their birth sex, "that person would not be eligible for employment with the university" (page 6).
Ellis asks that Spring Arbor University be exempt from CFR 106.51(a) “which prohibits discrimination in employment and employment decisions based on the basis of sex” (page 6).
They also claim that without the Title IX exemptions, they would be faced with “situations as the university being required to retain pregnant unmarried employees or employees who elect to terminate their pregnancy, to admit pregnancy unmarried students, to retain unmarried students who elect to terminate their pregnancy, to allow unmarried students of the opposite sex to live together, to retain pregnant, unmarried students and to allow them to live in university housing, and to allow homosexual students to live together, all of which the university cannot do” (page 7).
Later in the letter, Ellis directly addresses how adhering to Title IX would impact how the University could handle “homosexual activity”. Ellis writes “Enforcement of the above regulations in respect to Spring Arbor University would require that the University not discriminate in discipline, admissions, hiring, and employment decisions, in matters such as employment leaves for pregnancy, childbirth, and elective termination of pregnancy or on the basis of pre-marital sex, unmarried pregnancy, extra-marital sex, or homosexual activity” (page 7).
In the August 5 article, the University asserts that they have no intention of discriminating against students and faculty; however, the letter written by Dr. Ellis requesting these exemptions seems to be in direct opposition to their assertion. This conflict is best evidenced in the last paragraph of Ellis’ letter, where he writes:
They also claim that without the Title IX exemptions, they would be faced with “situations as the university being required to retain pregnant unmarried employees or employees who elect to terminate their pregnancy, to admit pregnancy unmarried students, to retain unmarried students who elect to terminate their pregnancy, to allow unmarried students of the opposite sex to live together, to retain pregnant, unmarried students and to allow them to live in university housing, and to allow homosexual students to live together, all of which the university cannot do” (page 7).
Later in the letter, Ellis directly addresses how adhering to Title IX would impact how the University could handle “homosexual activity”. Ellis writes “Enforcement of the above regulations in respect to Spring Arbor University would require that the University not discriminate in discipline, admissions, hiring, and employment decisions, in matters such as employment leaves for pregnancy, childbirth, and elective termination of pregnancy or on the basis of pre-marital sex, unmarried pregnancy, extra-marital sex, or homosexual activity” (page 7).
In the August 5 article, the University asserts that they have no intention of discriminating against students and faculty; however, the letter written by Dr. Ellis requesting these exemptions seems to be in direct opposition to their assertion. This conflict is best evidenced in the last paragraph of Ellis’ letter, where he writes:
Spring Arbor University is requesting an exemption from the specific Title IX regulations referenced in this letter, so that the University may discriminate on religious grounds in regard to its students and employees.
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