LGBTQ advocates say that the waiver allows schools to discriminate against students, faculty and staff on the basis of the gender identity and sexual orientation. The demand to divest, said Campus Pride representatives, includes removing a school from the NCAA. Campus Pride representatives also said that that the demand is part of a drive to raise awareness of discrimination against LGBTQ youth during March Madness.
“On paper and in their policy the NCAA has espoused values of inclusion,” said Campus Pride executive director Shane Windmeyer. “So this campaign we’re doing around March Madness is really about putting those values into action.”
Institutions controlled by a religious organization are permitted to apply for an exemption to their duty to treat all students equally if “application of the law would conflict with specific tenets of the religion.” The Office for Civil Rights in the Department of Education issued guidance in 2014 specifying that transgender students are protected under Title IX.