75310 / Vol. 85, No. 228 / Wednesday, November 25, 2020 / Notices

Current details on the board of for public inspection, including, but not institutional policy regarding freedom of visitors may be found at https:// limited to, being posted on the board speech or academic freedom, as www.usna.edu/PAO/Superintendent/ website. required under 34 CFR 75.500(c) and 34 bov.php. Dated: November 19, 2020. CFR 76.500(c) of the Final Rule. Finally, The of the meeting K.R. Callan, the Department publishes this notice to from 11:30 a.m. to 12 p.m. on December inform the public how a person may 7, 2020, will consist of discussions of Commander, Judge Advocate ’s Corps, U.S. Navy, Federal Register Liaison Officer. report a violation of newly promulgated new and pending administrative or regulations in the Final Rule, 34 CFR minor disciplinary infractions and non- [FR Doc. 2020–26007 Filed 11–24–20; 8:45 am] 75.500(d) and 34 CFR 76.500(d), that judicial punishments involving BILLING CODE 3810–FF–P ensure equal treatment of religious midshipmen attending the Naval student organizations at public Academy, to include but not limited to, institutions of higher education. individual honor or conduct violations DEPARTMENT OF EDUCATION Accessible Format: Individuals with within the Brigade, the disclosure of disabilities can obtain this document in Notice of Reporting Process which would constitute a clearly an accessible format (e.g., braille, large unwarranted invasion of personal AGENCY: Office of Postsecondary print, audiotape, or compact disc) on privacy. For this reason, the executive Education, Department of Education. request to the person listed under FOR session of this meeting will be closed to ACTION: Notice. FURTHER INFORMATION CONTACT. the public, as the discussion of such Electronic Access to This Document: information cannot be adequately SUMMARY: The Department of Education The official version of this document is segregated from other topics, which publishes information on how the document published in the Federal precludes opening the executive session institutions of higher education may Register. You may access the official of this meeting to the public. submit to the Secretary of Education a edition of the Federal Register and the Accordingly, the Secretary of the Navy, copy of certain final, non-default Code of Federal Regulations at in consultation with the Department of judgments as required under newly www.govinfo.gov. At this site you can the Navy General Counsel, has promulgated regulations in the view this document, as well as all other determined in writing that the meeting Department’s Religious Liberty and Free documents of this Department shall be partially closed to the public Inquiry Final Rule, (‘‘Religious Liberty published in the Federal Register, in because the discussions during the and Free Inquiry Final Rule’’ or ‘‘Final text or Portable Document Format executive session from 11:30 a.m. to 12 Rule’’). The Department also publishes (PDF). To use PDF you must have p.m. will be concerned with matters information about how a person may Adobe Acrobat Reader, which is protected under sections 552b(c) (5), (6), report a violation of newly promulgated available free at the site. and (7) of title 5, Code. regulations in the Final Rule that ensure You may also access documents of the Authority: 5 U.S.C. 552b. equal treatment of religious student Department published in the Federal Meeting Accessibility: Pursuant to organizations at public institutions of Register by using the article search FACA and 41 CFR 102–3.140, this higher education. feature at www.federalregister.gov. meeting is virtually open to the public. FOR FURTHER INFORMATION CONTACT: Specifically, through the advanced This meeting will be broadcasted live Gregory Martin, U.S. Department of search feature at this site, you can limit from the United States Naval Academy Education, 400 Maryland Avenue SW, your search to documents published by to include audio and video. The Room 281–15, Washington, DC 20202. the Department. broadcast will be close captioned for the Telephone: (202) 453–7535. Email: Dated: November 20, 2020. duration of the public portion of the [email protected]. Robert L. King, meeting. The link to view the meeting If you use a telecommunications Assistant Secretary for Postsecondary will be posted at https://www.usna.edu/ device for the deaf (TDD) or a text Education. PAO/Superintendent/bov.php forty- telephone (TTY), call the Federal Relay Submission of a Final, Non-Default eight hours prior to the meeting. Due to Service, toll free, at 1–800–877–8339. Judgment to the Secretary Pursuant to expected health directives in light of SUPPLEMENTARY INFORMATION: The 34 CFR 75.500(b)–(c) and 34 CFR COVID–19, the public cannot be Department publishes this notice to 76.500(b)–(c) accommodated to attend the meeting in inform public institutions of higher person. education how to submit to the Under 34 CFR 75.500(b) and 34 CFR Written Statements: Per Section Secretary a copy of a final, non-default 76.500(b) of the Final Rule, which 10(a)(3) of the FACA and 41 CFR 102– judgment by a State or Federal court becomes effective on November 23, 3.105(j) and 102–3.140, interested that the public institution or an 2020, a public institution of higher persons may submit a written statement employee of the public institution, education must submit to the Secretary for consideration at any time, but acting in his or her official capacity, a copy of a final, non-default judgment should be received by the Designated violated the First Amendment to the by a State or Federal court that the Federal Officer at least 10 business days U.S. Constitution, as required under 34 public institution or an employee of the prior to the meeting date so that the CFR 75.500(b) and 34 CFR 76.500(b) of public institution, acting in his or her comments may be made available to the the Final Rule, 85 FR 59,916 (Sept. 23, official capacity, violated the First Board for their consideration prior to 2020). The Department also publishes Amendment no later than 45 calendar the meeting. Written statements should this notice to inform private institutions days after such final, non-default be submitted via mail to 121 Blake Rd, of higher education how to submit to judgment is entered. Under 34 CFR Annapolis, MD 21402. Please note that the Secretary a copy of a final, non- 75.500(c) and 34 CFR 76.500(c) of the since the Board operates under the default judgment by a State or Federal Final Rule, a private institution of provisions of the FACA, as amended, all court to the effect that the private higher education must submit to the submitted comments and public institution or an employee of the private Secretary a copy of a final, non-default presentations will be treated as public institution, acting on behalf of the judgment by a State or Federal court to documents and will be made available private institution, violated its stated the effect that the private institution or

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an employee of the private institution, Reporting Alleged Violations of 34 CFR Eastern Law Students Association), and acting on behalf of the private 75.500(d) and 34 CFR 76.500(d)—Equal groups that focus[ed] on gender or institution, violated its stated Treatment of Religious Student sexuality (e.g., the Clara Foltz Feminist institutional policy regarding freedom of Organizations at Public Institutions of Association and Students Raising speech or academic freedom no later Higher Education Consciousness at Hastings).’’ 5 The than 45 calendar days after such final, Under 34 CFR 75.500(d) and 34 CFR implications of such an all-comers non-default judgment is entered. A final 76.500(d) of the Final Rule, a public policy were that ‘‘the . . . Democratic Caucus cannot bar students holding judgment is a judgment that the institution as a material condition of the Republican political beliefs from institution chooses not to appeal or that Department’s grant ‘‘shall not deny to becoming members or seeking is not subject to further appeal.1 Public any student organization whose stated leadership positions in the and private institutions of higher mission is religious in nature and that organization.’’ 6 With respect to a true is at the public institution any right, education should submit to the all-comers policy, pro-choice groups benefit, or privilege that is otherwise Secretary a copy of any such final, non- could not bar membership or leadership afforded to other student organizations default judgment by a State or Federal positions from pro-life individuals; at the public institution (including but court by email to freespeechjudgment@ Muslim groups could not bar not limited to full access to the facilities ed.gov no later than 45 calendar days membership or leadership positions of the public institution, distribution of after such final, non-default judgment is from non-Muslims; the feminist group student fee funds, and official entered. could not bar membership or leadership recognition of the student organization positions from misogynists; sororities As previously noted, the Final Rule by the public institution) because of the could not bar membership or leadership becomes effective November 23, 2020, religious student organization’s beliefs, positions from males; fraternities could and the Department will not enforce the practices, policies, speech, membership 2 not bar membership or leadership Final Rule retroactively. Accordingly, standards, or leadership standards, positions from females; and so on. Such under 34 CFR 75.500(b) and 34 CFR which are informed by sincerely held an all-comers policy is constitutional 76.500(b) of the Final Rule, a public religious beliefs.’’ Anyone may report an under Martinez and permissible under institution does not need to submit a alleged violation of 34 CFR 75.500(d) the Final Rule, but is not required by the copy of a final, non-default judgment by and 34 CFR 76.500(d) to the Department U.S. Constitution, the holding in a State or Federal court concerning by email at [email protected]. Martinez, or the Final Rule. Indeed, conduct that violated the First As explained in the preamble to the many public institutions of higher Amendment if such conduct occurred Final Rule, an ‘‘all-comers’’ policy as education elect not to implement a true described in Christian Legal Society v. before November 23, 2020. Similarly, all-comers policy due to these obvious Martinez, 561 U.S. 661 (2010), does not under 34 CFR 75.500(c) and 34 CFR practical difficulties. Absent a true all- violate the Final Rule’s requirement 76.500(c) of the Final Rule, a private comers policy that is uniformly applied, regarding equal treatment of religious institution does not need to submit a §§ 75.500(d) and 76.500(d) of the Final student organizations at public copy of a final, non-default judgment by Rule prevent public institutions from institutions in 34 CFR 75.500(d) and 34 a State or Federal court concerning failing to recognize religious student CFR 76.500(d). A true all-comers policy conduct that violated a stated organizations because of their faith- ‘‘mandate[s] acceptance of all comers’’ institutional policy regarding freedom of based membership or leadership meaning that ‘‘[s]chool-approved groups speech or academic freedom if such criteria. Whether a policy is a true ‘‘all- must ‘allow any student to participate, conduct occurred before November 23, comers’’ policy may be challenged if the become a member, or seek leadership 2020. A public institution must submit policy or the application of the policy positions in the organization, regardless to the Secretary a copy of a final, non- results in a violation of 34 CFR of [the student’s] status or beliefs,’ ’’ and default judgment by a State or Federal 75.500(d) or 34 CFR 76.500(d). Other without any exceptions.3 A non- court concerning conduct that violated policies also may be challenged if the discrimination policy with enumerated policy or the application of the policy the First Amendment if such conduct protected classes is not an all-comers results in a violation of 34 CFR occurred on or after November 23, 2020. policy and, therefore, cannot be applied 75.500(d) and 34 CFR 76.500(d). Similarly, a private institution must to prohibit religious student submit to the Secretary a copy of a final, organizations from having faith-based [FR Doc. 2020–26108 Filed 11–24–20; 8:45 am] non-default judgment by a State or membership or leadership criteria.4 BILLING CODE 4000–01–P Federal court concerning conduct that Under the stipulated facts of Martinez, violated a stated institutional policy the all-comers policy applied to all 60 regarding freedom of speech or groups on campus, including ‘‘political DEPARTMENT OF ENERGY academic freedom if such conduct groups (e.g., the . . . Democratic Caucus occurred on or after November 23, 2020. and the . . . Republicans), religious Federal Energy Regulatory groups (e.g., the . . . Jewish Law Commission 1 34 CFR 75.500(b)(1), (c)(1); 34 CFR 76.500(b)(1), Students Association and the . . . Combined Notice of Filings #1 (c)(1). Association of Muslim Law Students), 2 Federal agencies authorized by statute to groups that promote[d] social causes Take notice that the Commission promulgate rules may only create rules with (e.g., both pro-choice and pro-life received the following electric corporate retroactive effect where the authorizing statute has groups), groups organized around racial filings: expressly granted such authority. See 5 U.S.C. 551 or ethnic identity (e.g., the Black Law Docket Numbers: EC21–24–000. (referring to a ‘‘rule’’ as agency action with ‘‘future Applicants: Crossing Trails Wind effects’’ in the Administrative Procedure Act); Students Association, the Korean Bowen v. Georgetown Univ. Hosp., 488 U.S. 204, American Law Society, La Raza Law Power Project LLC, Headwaters Wind 208 (1988) (‘‘Retroactivity is not favored in the law. Students Association, and the Middle Farm II LLC. Thus, congressional enactments and administrative rules will not be construed to have retroactive effect 3 Id. at 671 (citations omitted). 5 Id. at 709. unless their language requires this result.’’). 4 Id. at 678 n.10. 6 Id. at 675.

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