In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.

In a recent blog post, we mentioned how federal funding for higher education, and therefore Title IX obligations, is nearly universal in the U.S. There are, however, a small number of holdouts, including some right here in the state of Pennsylvania. The majority of these schools refuse to accept federal funding – even forbidding their students from accepting federal aid and Pell Grants – largely to avoid federal regulations.

The Few Schools Untied by Title IX

There are not many schools left in the U.S. that have been able to survive without the help of the federal government. They do exist, though, and include schools like:

• Faith Bible College
• Gutenberg College
• New College Franklin
• Patrick Henry College
• Wyoming Catholic College
• Southwestern Baptist Theological Seminary
• Grove City College

The vast majority of these schools refuse to take federal money on religious grounds: The federal assistance comes with strings attached that go against the school's religious undertones and founding charters.

Most of those misgivings, however, deal not with Title IX's obligations to investigate sexual misconduct on campus, but with legal responsibilities to provide fair treatment to LGBT students. For many religious schools, these anti-discrimination rules run so contrary to their religious convictions against homosexuality that they have found it worth it to refuse federal funding, outright.

An interesting side-note is the ongoing debate as to whether these schools should be forced to disclose their status outside the anti-discrimination regulations. Some states are considering passing laws to require such disclosure.

Commitment to Refuse Federal Funding Impacts Financial Aid

The level of commitment shown by these schools to avoid federal regulations, including Title IX regulations, is not light. Federal financial assistance given to needy students comes through Title IV financial aid programs. Because the costs of attending college have skyrocketed in the last few decades, more and more students receive Title IV money to go to school. However, Title IV funding – even though it goes to students, rather than directly to colleges – carries all of the attendant requirements that come with federal funding that goes directly to a university.

Therefore, once a college accepts tuition payment from a student who offers Title IV money, that college becomes obligated to uphold all of the federal regulations that come with the Title IV funding. Refusing anyone who offers to pay for college with Title IV funding, therefore, eliminates a huge swath of a college's potential enrollment.

Title IX Student Defense Team and LLF Law Firm

Allegations of sexual misconduct on these few campuses take on a whole different color than in the schools that do accept federal funding. For example, allegations of sexual misconduct at Grove City College are dealt with in the exact same way as regular misconduct. While this may seem like a win for students accused of sexual misconduct and concerned for their due process rights, that is not necessarily the case: The lack of uniformity can cut against them as often as it benefits their interests.

If you have been accused of sexual misconduct, LLF Law Firm can help, even if your school does not accept federal funding and does not abide by Title IX's requirements. Contact the LLF Law Firm at (888) 535-3686.