A university should not operate or maintain an office that provides programs and activities for a specific group of students based on race, religion, color, ethnicity, sex, gender identity, or sexual orientation. As examples, offices that are focused on African American, Hispanic or LGBTQ students likely violate SB 17. Even though offices solely dedicated to LGBTQ students will need to be restructured, programs supporting the LGBTQ community may be incorporated into a broader student success and multicultural framework. Also, while SB 17 prohibits institutions from “assigning” or “hiring” an employee to conduct “programs or activities” that are “designed or implemented in reference to. . . gender identity, or sexual orientation,” the bill exempts programs needed for effective compliance with federal or state law. Current federal guidance1 states that discrimination on the basis of sexual orientation or gender identity constitutes a violation of Title IX. This means that institutions have an affirmative duty to prevent and address such discrimination or risk the following: (1) investigation from the Office for Civil Rights at the Department of Education, which could result in loss of federal funding, and/or (2) a civil rights lawsuit. Moreover, the new Title IX regulations, which are anticipated to be finalized in October 2023, explicitly define sex discrimination to include discrimination based on gender identity and sexual orientation. In addition to federal law, Section 51.282 of the Texas Education Code requires institutions to “develop and implement a comprehensive prevention and outreach program on sexual harassment.” To the extent that programming previously provided by these offices support compliance with Title IX as well as Section 51.282, such as by eliminating disparate treatment or preventing a hostile environment against the groups in question, they should be maintained. This does not mean that all programming previously supported fits this exception. Such programming should be reviewed by the federally mandated Title IX officer or their designee(s) in order to ensure its positive impact on Title IX and related state law compliance. This may require moving resources and employees with relevant expertise under the supervision or coordination of the Title IX office or its equivalent. Programming provided under the exception should be focused on supporting the A&M System’s commitment to anti-discrimination and eliminating barriers to success. Resources supporting the academic success of members of the LGBTQ community should be migrated to offices with a broader focus on student success for all students, such as an academic center or multicultural center. In the case of libraries related to the LGBTQ community, SB 17 does not prohibit the maintenance of such collections. However, they should be migrated to the Title IX Office, the university library, or into a broader multicultural center marketed to all students as appropriate. 1 https://www.ed.gov/news/press-releases/us-department-education-confirms-title-ix-protects-students- discrimination-based-sexual-orientation-and-gender-identity