LAWRENCE, Kan. — Attorneys representing Haskell Indian Nations University in a lawsuit filed by a former student over an alleged rape argue in a court filing that the school is not subject to Title IX, which prohibits gender-based discrimination, sexual harassment and sexual violence in education.
In a court filing last week, the U.S. Attorney’s office in Kansas contends Title IX doesn’t apply to Haskell because it is part of the federal government, The Topeka Capital-Journal reported. Haskell is part of the Bureau of Indian Education under the Department of the Interior.
The filing cites a 1997 executive order by then-president Bill Clinton, which said in part that “Title IX does not apply to federal agencies, such as Haskell Indian Nations University.”
The former student’s attorney, Dan Curry, said Wednesday the federal government is responsible for enforcing Title IX at other schools and it would be ironic to deny students at a federal university rights that they would enjoy at other schools. He also noted that the woman’s Title IX claims are only part of her arguments against Haskell.
Schools, colleges and universities that receive federal funding are subject to Title IX.
The issue is whether Haskell, a federal university, is a “recipient” of federal funds. The court filing argues Haskell isn’t a “recipient” of federal money but is rather a part of the federal government — “wholly owned and operated with federal funds.”
