Florida Universities: How Outdated Policies Still Penalize Students for Misusing Pronouns, Says Lawyer | The College Fix

Three public universities in Florida are under fire for allegedly having “unconstitutional” Title IX policies. These policies could discipline students for not using someone’s preferred pronouns. This claim comes from the Southeastern Legal Foundation, which recently urged the University of North Florida, the University of West Florida, and Florida International University to update their policies to protect free speech.

Cece O’Leary, vice president of legal initiatives at the foundation, expressed concern that instead of celebrating Title IX Month, schools are diminishing protections for women and girls. She noted that discrimination now seems rampant in educational institutions. “We’re witnessing a culture of censorship,” she said during a recent video call.

The foundation’s letters argue that the universities’ policies infringe upon students’ First Amendment rights. O’Leary pointed out that these policies are vague, creating an environment where students might hesitate to express their beliefs about gender identity or biological sex for fear of punishment.

One example is a policy at Florida International University that redefines sex to include gender identity and expression. According to O’Leary, this means that a student who voices discomfort about sharing restrooms with biological males could be labeled discriminatory.

Another problematic policy comes from the University of West Florida. Here, disciplinary actions can occur before a student receives a fair trial. O’Leary stated that even when hearings are held, the panel often consists of administrators who may support “woke ideologies.” In some cases, students aren’t even informed about impending hearings.

O’Leary claims these policies are remnants of former President Biden’s efforts to revise Title IX, which many courts found unconstitutional. In contrast, the Trump administration worked to reinforce due process regulations, highlighting a need for fairness in handling accusations of misconduct.

Recent surveys indicate a growing backlash against perceived overreach of college policies regarding gender. Many students feel their right to free speech is at risk. A 2023 Gallup poll showed that 61% of college students believe discussions about gender identity should allow for differing opinions without fear of backlash.

Responses on social media reflect similar sentiments. Users frequently share experiences of feeling silenced or unfairly treated under such policies. This ongoing conversation highlights a critical clash between protecting inclusive policies and upholding freedom of speech.

O’Leary expects Florida Governor Ron DeSantis to take action if the universities fail to revise their Title IX policies. As discussions about gender rights and free speech continue to evolve, many are calling for campuses to become places where all students can express their views safely.

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