Notice of Reporting Process, 75310-75311 [2020-26108]

Download as PDF 75310 Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices Current details on the board of visitors may be found at https:// www.usna.edu/PAO/Superintendent/ bov.php. The executive session of the meeting from 11:30 a.m. to 12 p.m. on December 7, 2020, will consist of discussions of new and pending administrative or minor disciplinary infractions and nonjudicial punishments involving midshipmen attending the Naval Academy, to include but not limited to, individual honor or conduct violations within the Brigade, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. For this reason, the executive session of this meeting will be closed to the public, as the discussion of such information cannot be adequately segregated from other topics, which precludes opening the executive session of this meeting to the public. Accordingly, the Secretary of the Navy, in consultation with the Department of the Navy General Counsel, has determined in writing that the meeting shall be partially closed to the public because the discussions during the executive session from 11:30 a.m. to 12 p.m. will be concerned with matters protected under sections 552b(c) (5), (6), and (7) of title 5, United States Code. jbell on DSKJLSW7X2PROD with NOTICES Authority: 5 U.S.C. 552b. Meeting Accessibility: Pursuant to FACA and 41 CFR 102–3.140, this meeting is virtually open to the public. This meeting will be broadcasted live from the United States Naval Academy to include audio and video. The broadcast will be close captioned for the duration of the public portion of the meeting. The link to view the meeting will be posted at https://www.usna.edu/ PAO/Superintendent/bov.php fortyeight hours prior to the meeting. Due to expected health directives in light of COVID–19, the public cannot be accommodated to attend the meeting in person. Written Statements: Per Section 10(a)(3) of the FACA and 41 CFR 102– 3.105(j) and 102–3.140, interested persons may submit a written statement for consideration at any time, but should be received by the Designated Federal Officer at least 10 business days prior to the meeting date so that the comments may be made available to the Board for their consideration prior to the meeting. Written statements should be submitted via mail to 121 Blake Rd, Annapolis, MD 21402. Please note that since the Board operates under the provisions of the FACA, as amended, all submitted comments and public presentations will be treated as public documents and will be made available VerDate Sep<11>2014 16:27 Nov 24, 2020 Jkt 253001 for public inspection, including, but not limited to, being posted on the board website. Dated: November 19, 2020. K.R. Callan, Commander, Judge Advocate General’s Corps, U.S. Navy, Federal Register Liaison Officer. [FR Doc. 2020–26007 Filed 11–24–20; 8:45 am] BILLING CODE 3810–FF–P DEPARTMENT OF EDUCATION Notice of Reporting Process Office of Postsecondary Education, Department of Education. ACTION: Notice. AGENCY: The Department of Education publishes information on how institutions of higher education may submit to the Secretary of Education a copy of certain final, non-default judgments as required under newly promulgated regulations in the Department’s Religious Liberty and Free Inquiry Final Rule, (‘‘Religious Liberty and Free Inquiry Final Rule’’ or ‘‘Final Rule’’). The Department also publishes information about how a person may report a violation of newly promulgated regulations in the Final Rule that ensure equal treatment of religious student organizations at public institutions of higher education. FOR FURTHER INFORMATION CONTACT: Gregory Martin, U.S. Department of Education, 400 Maryland Avenue SW, Room 281–15, Washington, DC 20202. Telephone: (202) 453–7535. Email: Gregory.Martin@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service, toll free, at 1–800–877–8339. SUPPLEMENTARY INFORMATION: The Department publishes this notice to inform public institutions of higher education how to submit to the Secretary a copy of a final, non-default judgment by a State or Federal court that the public institution or an employee of the public institution, acting in his or her official capacity, violated the First Amendment to the U.S. Constitution, as required under 34 CFR 75.500(b) and 34 CFR 76.500(b) of the Final Rule, 85 FR 59,916 (Sept. 23, 2020). The Department also publishes this notice to inform private institutions of higher education how to submit to the Secretary a copy of a final, nondefault judgment by a State or Federal court to the effect that the private institution or an employee of the private institution, acting on behalf of the private institution, violated its stated SUMMARY: PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 institutional policy regarding freedom of speech or academic freedom, as required under 34 CFR 75.500(c) and 34 CFR 76.500(c) of the Final Rule. Finally, the Department publishes this notice to inform the public how a person may report a violation of newly promulgated regulations in the Final Rule, 34 CFR 75.500(d) and 34 CFR 76.500(d), that ensure equal treatment of religious student organizations at public institutions of higher education. Accessible Format: Individuals with disabilities can obtain this document in an accessible format (e.g., braille, large print, audiotape, or compact disc) on request to the person listed under FOR FURTHER INFORMATION CONTACT. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Dated: November 20, 2020. Robert L. King, Assistant Secretary for Postsecondary Education. Submission of a Final, Non-Default Judgment to the Secretary Pursuant to 34 CFR 75.500(b)–(c) and 34 CFR 76.500(b)–(c) Under 34 CFR 75.500(b) and 34 CFR 76.500(b) of the Final Rule, which becomes effective on November 23, 2020, a public institution of higher education must submit to the Secretary a copy of a final, non-default judgment by a State or Federal court that the public institution or an employee of the public institution, acting in his or her official capacity, violated the First Amendment no later than 45 calendar days after such final, non-default judgment is entered. Under 34 CFR 75.500(c) and 34 CFR 76.500(c) of the Final Rule, a private institution of higher education must submit to the Secretary a copy of a final, non-default judgment by a State or Federal court to the effect that the private institution or E:\FR\FM\25NON1.SGM 25NON1 Federal Register / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES an employee of the private institution, acting on behalf of the private institution, violated its stated institutional policy regarding freedom of speech or academic freedom no later than 45 calendar days after such final, non-default judgment is entered. A final judgment is a judgment that the institution chooses not to appeal or that is not subject to further appeal.1 Public and private institutions of higher education should submit to the Secretary a copy of any such final, nondefault judgment by a State or Federal court by email to freespeechjudgment@ ed.gov no later than 45 calendar days after such final, non-default judgment is entered. As previously noted, the Final Rule becomes effective November 23, 2020, and the Department will not enforce the Final Rule retroactively.2 Accordingly, under 34 CFR 75.500(b) and 34 CFR 76.500(b) of the Final Rule, a public institution does not need to submit a copy of a final, non-default judgment by a State or Federal court concerning conduct that violated the First Amendment if such conduct occurred before November 23, 2020. Similarly, under 34 CFR 75.500(c) and 34 CFR 76.500(c) of the Final Rule, a private institution does not need to submit a copy of a final, non-default judgment by a State or Federal court concerning conduct that violated a stated institutional policy regarding freedom of speech or academic freedom if such conduct occurred before November 23, 2020. A public institution must submit to the Secretary a copy of a final, nondefault judgment by a State or Federal court concerning conduct that violated the First Amendment if such conduct occurred on or after November 23, 2020. Similarly, a private institution must submit to the Secretary a copy of a final, non-default judgment by a State or Federal court concerning conduct that violated a stated institutional policy regarding freedom of speech or academic freedom if such conduct occurred on or after November 23, 2020. 1 34 CFR 75.500(b)(1), (c)(1); 34 CFR 76.500(b)(1), (c)(1). 2 Federal agencies authorized by statute to promulgate rules may only create rules with retroactive effect where the authorizing statute has expressly granted such authority. See 5 U.S.C. 551 (referring to a ‘‘rule’’ as agency action with ‘‘future effects’’ in the Administrative Procedure Act); Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, 208 (1988) (‘‘Retroactivity is not favored in the law. Thus, congressional enactments and administrative rules will not be construed to have retroactive effect unless their language requires this result.’’). VerDate Sep<11>2014 16:27 Nov 24, 2020 Jkt 253001 Reporting Alleged Violations of 34 CFR 75.500(d) and 34 CFR 76.500(d)—Equal Treatment of Religious Student Organizations at Public Institutions of Higher Education Under 34 CFR 75.500(d) and 34 CFR 76.500(d) of the Final Rule, a public institution as a material condition of the Department’s grant ‘‘shall not deny to any student organization whose stated mission is religious in nature and that is at the public institution any right, benefit, or privilege that is otherwise afforded to other student organizations at the public institution (including but not limited to full access to the facilities of the public institution, distribution of student fee funds, and official recognition of the student organization by the public institution) because of the religious student organization’s beliefs, practices, policies, speech, membership standards, or leadership standards, which are informed by sincerely held religious beliefs.’’ Anyone may report an alleged violation of 34 CFR 75.500(d) and 34 CFR 76.500(d) to the Department by email at religiousliberty@ed.gov. As explained in the preamble to the Final Rule, an ‘‘all-comers’’ policy as described in Christian Legal Society v. Martinez, 561 U.S. 661 (2010), does not violate the Final Rule’s requirement regarding equal treatment of religious student organizations at public institutions in 34 CFR 75.500(d) and 34 CFR 76.500(d). A true all-comers policy ‘‘mandate[s] acceptance of all comers’’ meaning that ‘‘[s]chool-approved groups must ‘allow any student to participate, become a member, or seek leadership positions in the organization, regardless of [the student’s] status or beliefs,’ ’’ and without any exceptions.3 A nondiscrimination policy with enumerated protected classes is not an all-comers policy and, therefore, cannot be applied to prohibit religious student organizations from having faith-based membership or leadership criteria.4 Under the stipulated facts of Martinez, the all-comers policy applied to all 60 groups on campus, including ‘‘political groups (e.g., the . . . Democratic Caucus and the . . . Republicans), religious groups (e.g., the . . . Jewish Law Students Association and the . . . Association of Muslim Law Students), groups that promote[d] social causes (e.g., both pro-choice and pro-life groups), groups organized around racial or ethnic identity (e.g., the Black Law Students Association, the Korean American Law Society, La Raza Law Students Association, and the Middle 3 Id. 4 Id. PO 00000 at 671 (citations omitted). at 678 n.10. Frm 00029 Fmt 4703 Sfmt 4703 75311 Eastern Law Students Association), and groups that focus[ed] on gender or sexuality (e.g., the Clara Foltz Feminist Association and Students Raising Consciousness at Hastings).’’ 5 The implications of such an all-comers policy were that ‘‘the . . . Democratic Caucus cannot bar students holding Republican political beliefs from becoming members or seeking leadership positions in the organization.’’ 6 With respect to a true all-comers policy, pro-choice groups could not bar membership or leadership positions from pro-life individuals; Muslim groups could not bar membership or leadership positions from non-Muslims; the feminist group could not bar membership or leadership positions from misogynists; sororities could not bar membership or leadership positions from males; fraternities could not bar membership or leadership positions from females; and so on. Such an all-comers policy is constitutional under Martinez and permissible under the Final Rule, but is not required by the U.S. Constitution, the holding in Martinez, or the Final Rule. Indeed, many public institutions of higher education elect not to implement a true all-comers policy due to these obvious practical difficulties. Absent a true allcomers policy that is uniformly applied, §§ 75.500(d) and 76.500(d) of the Final Rule prevent public institutions from failing to recognize religious student organizations because of their faithbased membership or leadership criteria. Whether a policy is a true ‘‘allcomers’’ policy may be challenged if the policy or the application of the policy results in a violation of 34 CFR 75.500(d) or 34 CFR 76.500(d). Other policies also may be challenged if the policy or the application of the policy results in a violation of 34 CFR 75.500(d) and 34 CFR 76.500(d). [FR Doc. 2020–26108 Filed 11–24–20; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC21–24–000. Applicants: Crossing Trails Wind Power Project LLC, Headwaters Wind Farm II LLC. 5 Id. 6 Id. E:\FR\FM\25NON1.SGM at 709. at 675. 25NON1

Agencies

[Federal Register Volume 85, Number 228 (Wednesday, November 25, 2020)]
[Notices]
[Pages 75310-75311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26108]


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DEPARTMENT OF EDUCATION


Notice of Reporting Process

AGENCY: Office of Postsecondary Education, Department of Education.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education publishes information on how 
institutions of higher education may submit to the Secretary of 
Education a copy of certain final, non-default judgments as required 
under newly promulgated regulations in the Department's Religious 
Liberty and Free Inquiry Final Rule, (``Religious Liberty and Free 
Inquiry Final Rule'' or ``Final Rule''). The Department also publishes 
information about how a person may report a violation of newly 
promulgated regulations in the Final Rule that ensure equal treatment 
of religious student organizations at public institutions of higher 
education.

FOR FURTHER INFORMATION CONTACT: Gregory Martin, U.S. Department of 
Education, 400 Maryland Avenue SW, Room 281-15, Washington, DC 20202. 
Telephone: (202) 453-7535. Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service, toll free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: The Department publishes this notice to 
inform public institutions of higher education how to submit to the 
Secretary a copy of a final, non-default judgment by a State or Federal 
court that the public institution or an employee of the public 
institution, acting in his or her official capacity, violated the First 
Amendment to the U.S. Constitution, as required under 34 CFR 75.500(b) 
and 34 CFR 76.500(b) of the Final Rule, 85 FR 59,916 (Sept. 23, 2020). 
The Department also publishes this notice to inform private 
institutions of higher education how to submit to the Secretary a copy 
of a final, non-default judgment by a State or Federal court to the 
effect that the private institution or an employee of the private 
institution, acting on behalf of the private institution, violated its 
stated institutional policy regarding freedom of speech or academic 
freedom, as required under 34 CFR 75.500(c) and 34 CFR 76.500(c) of the 
Final Rule. Finally, the Department publishes this notice to inform the 
public how a person may report a violation of newly promulgated 
regulations in the Final Rule, 34 CFR 75.500(d) and 34 CFR 76.500(d), 
that ensure equal treatment of religious student organizations at 
public institutions of higher education.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: November 20, 2020.
Robert L. King,
Assistant Secretary for Postsecondary Education.

Submission of a Final, Non-Default Judgment to the Secretary Pursuant 
to 34 CFR 75.500(b)-(c) and 34 CFR 76.500(b)-(c)

    Under 34 CFR 75.500(b) and 34 CFR 76.500(b) of the Final Rule, 
which becomes effective on November 23, 2020, a public institution of 
higher education must submit to the Secretary a copy of a final, non-
default judgment by a State or Federal court that the public 
institution or an employee of the public institution, acting in his or 
her official capacity, violated the First Amendment no later than 45 
calendar days after such final, non-default judgment is entered. Under 
34 CFR 75.500(c) and 34 CFR 76.500(c) of the Final Rule, a private 
institution of higher education must submit to the Secretary a copy of 
a final, non-default judgment by a State or Federal court to the effect 
that the private institution or

[[Page 75311]]

an employee of the private institution, acting on behalf of the private 
institution, violated its stated institutional policy regarding freedom 
of speech or academic freedom no later than 45 calendar days after such 
final, non-default judgment is entered. A final judgment is a judgment 
that the institution chooses not to appeal or that is not subject to 
further appeal.\1\ Public and private institutions of higher education 
should submit to the Secretary a copy of any such final, non-default 
judgment by a State or Federal court by email to 
[email protected] no later than 45 calendar days after such 
final, non-default judgment is entered.
---------------------------------------------------------------------------

    \1\ 34 CFR 75.500(b)(1), (c)(1); 34 CFR 76.500(b)(1), (c)(1).
---------------------------------------------------------------------------

    As previously noted, the Final Rule becomes effective November 23, 
2020, and the Department will not enforce the Final Rule 
retroactively.\2\ Accordingly, under 34 CFR 75.500(b) and 34 CFR 
76.500(b) of the Final Rule, a public institution does not need to 
submit a copy of a final, non-default judgment by a State or Federal 
court concerning conduct that violated the First Amendment if such 
conduct occurred before November 23, 2020. Similarly, under 34 CFR 
75.500(c) and 34 CFR 76.500(c) of the Final Rule, a private institution 
does not need to submit a copy of a final, non-default judgment by a 
State or Federal court concerning conduct that violated a stated 
institutional policy regarding freedom of speech or academic freedom if 
such conduct occurred before November 23, 2020. A public institution 
must submit to the Secretary a copy of a final, non-default judgment by 
a State or Federal court concerning conduct that violated the First 
Amendment if such conduct occurred on or after November 23, 2020. 
Similarly, a private institution must submit to the Secretary a copy of 
a final, non-default judgment by a State or Federal court concerning 
conduct that violated a stated institutional policy regarding freedom 
of speech or academic freedom if such conduct occurred on or after 
November 23, 2020.
---------------------------------------------------------------------------

    \2\ Federal agencies authorized by statute to promulgate rules 
may only create rules with retroactive effect where the authorizing 
statute has expressly granted such authority. See 5 U.S.C. 551 
(referring to a ``rule'' as agency action with ``future effects'' in 
the Administrative Procedure Act); Bowen v. Georgetown Univ. Hosp., 
488 U.S. 204, 208 (1988) (``Retroactivity is not favored in the law. 
Thus, congressional enactments and administrative rules will not be 
construed to have retroactive effect unless their language requires 
this result.'').
---------------------------------------------------------------------------

Reporting Alleged Violations of 34 CFR 75.500(d) and 34 CFR 76.500(d)--
Equal Treatment of Religious Student Organizations at Public 
Institutions of Higher Education

    Under 34 CFR 75.500(d) and 34 CFR 76.500(d) of the Final Rule, a 
public institution as a material condition of the Department's grant 
``shall not deny to any student organization whose stated mission is 
religious in nature and that is at the public institution any right, 
benefit, or privilege that is otherwise afforded to other student 
organizations at the public institution (including but not limited to 
full access to the facilities of the public institution, distribution 
of student fee funds, and official recognition of the student 
organization by the public institution) because of the religious 
student organization's beliefs, practices, policies, speech, membership 
standards, or leadership standards, which are informed by sincerely 
held religious beliefs.'' Anyone may report an alleged violation of 34 
CFR 75.500(d) and 34 CFR 76.500(d) to the Department by email at 
[email protected].
    As explained in the preamble to the Final Rule, an ``all-comers'' 
policy as described in Christian Legal Society v. Martinez, 561 U.S. 
661 (2010), does not violate the Final Rule's requirement regarding 
equal treatment of religious student organizations at public 
institutions in 34 CFR 75.500(d) and 34 CFR 76.500(d). A true all-
comers policy ``mandate[s] acceptance of all comers'' meaning that 
``[s]chool-approved groups must `allow any student to participate, 
become a member, or seek leadership positions in the organization, 
regardless of [the student's] status or beliefs,' '' and without any 
exceptions.\3\ A non-discrimination policy with enumerated protected 
classes is not an all-comers policy and, therefore, cannot be applied 
to prohibit religious student organizations from having faith-based 
membership or leadership criteria.\4\ Under the stipulated facts of 
Martinez, the all-comers policy applied to all 60 groups on campus, 
including ``political groups (e.g., the . . . Democratic Caucus and the 
. . . Republicans), religious groups (e.g., the . . . Jewish Law 
Students Association and the . . . Association of Muslim Law Students), 
groups that promote[d] social causes (e.g., both pro-choice and pro-
life groups), groups organized around racial or ethnic identity (e.g., 
the Black Law Students Association, the Korean American Law Society, La 
Raza Law Students Association, and the Middle Eastern Law Students 
Association), and groups that focus[ed] on gender or sexuality (e.g., 
the Clara Foltz Feminist Association and Students Raising Consciousness 
at Hastings).'' \5\ The implications of such an all-comers policy were 
that ``the . . . Democratic Caucus cannot bar students holding 
Republican political beliefs from becoming members or seeking 
leadership positions in the organization.'' \6\ With respect to a true 
all-comers policy, pro-choice groups could not bar membership or 
leadership positions from pro-life individuals; Muslim groups could not 
bar membership or leadership positions from non-Muslims; the feminist 
group could not bar membership or leadership positions from 
misogynists; sororities could not bar membership or leadership 
positions from males; fraternities could not bar membership or 
leadership positions from females; and so on. Such an all-comers policy 
is constitutional under Martinez and permissible under the Final Rule, 
but is not required by the U.S. Constitution, the holding in Martinez, 
or the Final Rule. Indeed, many public institutions of higher education 
elect not to implement a true all-comers policy due to these obvious 
practical difficulties. Absent a true all-comers policy that is 
uniformly applied, Sec. Sec.  75.500(d) and 76.500(d) of the Final Rule 
prevent public institutions from failing to recognize religious student 
organizations because of their faith-based membership or leadership 
criteria. Whether a policy is a true ``all-comers'' policy may be 
challenged if the policy or the application of the policy results in a 
violation of 34 CFR 75.500(d) or 34 CFR 76.500(d). Other policies also 
may be challenged if the policy or the application of the policy 
results in a violation of 34 CFR 75.500(d) and 34 CFR 76.500(d).
---------------------------------------------------------------------------

    \3\ Id. at 671 (citations omitted).
    \4\ Id. at 678 n.10.
    \5\ Id. at 709.
    \6\ Id. at 675.

[FR Doc. 2020-26108 Filed 11-24-20; 8:45 am]
BILLING CODE 4000-01-P
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