In this March post, I discussed the case of Elyse Crystall, a left-wing feminist English professor at the University of North Carolina under investigation by the federal Department of Education for alleging subjecting one of her students to an illegal “hostile educational environment” for singling him out for criticism as a conservative “white” “male” “Christian” student in an email to her class. Now comes word that Prof. Crystall has been found to have engaged in illegal activity. In a letter to the UNC chancellor, the DOE’s southern regional director of civil rights “The e-mail message not only subjected the student to intentional discrimination and harassment, but also discouraged the robust exchange of ideas that is intrinsic to higher education and is at the very heart of the Constitution’s protection of free speech.” The DOE chose not to undertake disciplinary action against UNC only because, the Washington Times reports, “Ms. Crystall had apologized for her actions and the university had convened faculty workshops to discourage race and sex discrimination against white, male, Christian undergraduates.” Many professors create an intentionally challenging (some would say hostile) environment for students with traditionalist religious beliefs, and I predict that some conservative Christian groups will take the DOE’s ruling as an invitation to use hostile environment law against such professors.
Thanks to reader Matt Rustler for the tip.
UPDATE: Now that I’ve read the DOE’s letter, it’s clear that its finding of discrimination was based solely on a finding of race and sex discrimination by Professor Crystall. The DOE Office of Civil Rights has no jurisdiction over claims of religious discrimination. I’m not sure if federal law actually bans religious discrimination against students, but many states have laws (or executive orders) banning such discrimination, either in public universities or in all nonreligious universities in the state.
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