In cases of alleged harassment, the protections of the First Amendment must be considered if issues of speech or expression are involved. Free speech rights apply in the classroom (e.g., classroom lectures and discussions) and in all other education programs and activities of public schools (e.g., public meetings and speakers on campus; campus debates, school plays and other cultural events; and student newspapers, journals, and other publications). In addition, First Amendment rights apply to the speech of students and teachers.
Title IX is intended to protect students from sex discrimination, not to regulate the content of speech. OCR recognizes that the offensiveness of a particular expression as perceived by some students, standing alone, is not a legally sufficient basis to establish a sexually hostile environment under Title IX. In order to establish a violation of Title IX, the harassment must be sufficiently serious to deny or limit a student’s ability to participate in or benefit from the education program.
Moreover, in regulating the conduct of its students and its faculty to prevent or redress discrimination prohibited by Title IX (e.g., in responding to harassment that is sufficiently serious as to create a hostile environment), a school must formulate, interpret, and apply its rules so as to protect academic freedom and free speech rights. For instance, while the First Amendment may prohibit a school from restricting the right of students to express opinions about one sex that may be considered derogatory, the school can take steps to denounce those opinions and ensure that competing views are heard.
Kenyon’s faculty determine the content of the curriculum, the various manners in which courses may be conducted, the standards for measuring student performance, the requirements for degrees, and all other matters bearing directly on the academic program. Freedom to search for truth and to teach and learn without fear of arbitrary interference is a first principle of a community of learning, and Kenyon College classes are conducted in that spirit. Members of the teaching faculty, without regard to specific conditions of appointment, and students at Kenyon College enjoy the privileges and responsibilities of academic freedom.
If alleged discrimination/harassment takes place in an instructional setting and the respondent believes the allegation of discrimination/harassment infringes upon academic freedom, they should speak with the Title IX Coordinator so that concerns about the investigation may be addressed.