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ATIXA March 2022 Legislative Policy Corner

Federal Updates:

College OCR data survey changes urged in public comment submitted to US Dept. of Ed. by collegiate and nonprofit representatives

In reference to the US Department of Education Office for Civil Rights’ recent decision to keep data elements on the Civil Rights Data Collection Survey about school employee sexual misconduct, a group of educators and nonprofit organizations submitted a letter that strongly recommends expanding the existing elements to more accurately capture the prevalence of school employee sexual misconduct, which is often a precursor to illegal and reportable sexual offenses.

Sexual assault and harassment arbitration prohibiting bill, the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act” (HR 4445), passed by the House and Senate

Sponsored by Rep. Cheri Bustos (D-IL), the bill would invalidate arbitration agreements that preclude a party from filing a lawsuit in court involving sexual assault or sexual harassment, at the election of the party alleging such conduct. The bill was passed by Congress on February 10, 2022, and will be sent to President Biden.

See also: Congress passes law ending forced arbitration for sexual harassment and assault claims

State Updates:

South Dakota school and college sports participation by gender assigned at birth bill signed into law

SD SB 46 requires that any interscholastic, intercollegiate, intramural, or club athletic team, sport, or athletic event that is sponsored or sanctioned by an accredited school, school district, an activities association or organization, or an institution of higher education under the control of either the Board of Regents or the Board of Technical Education must be designated as one of the following, based on the biological sex at birth of the participating students:

  1. Females, women, or girls;
  2. Males, men, or boys; or
  3. Coeducational or mixed.

It allows only female students, based on their biological sex, to participate in any team, sport, or athletic event designated as being for females, women, or girls.

See also:

See February’s Policy Corner updates here

View ATIXA’s Policy Platform page here