Tag: Title IX

Recommended by Ricochet Members Created with Sketch. Advice for Parents of College Kids on Sex Scandals

 

After seven years in the higher-ed administration industry, during which I largely dealt with “Title IX” issues, and having largely shepherded my own kids through college unscathed, I now have nieces and nephews on their way into the Octagon that is college life today. I doubt I’ll have a chance to tell them what they need to know, but I might be able to tell their parents.

I want to write something that explains to them what is happening on campuses today, the dangers it poses to their kids, and what they can do to make themselves safe. I’d start with four suppositions:

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Welcome dysphorics, welcome to the land of normalcy – the Harvard Lunch Club Political Podcast. By number 197! (O.M.G.!!) By date? October 24, 2018. By name? The Immigration Dysphoria Podcast, and, by hosts, Todd Feinburg, east coast radio guy and Mike Stopa, west coast AI guy! This week we discuss the onslaught, the tsunami, the […]

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Recommended by Ricochet Members Created with Sketch. A Collision at the Intersectionality

 

Time to put some flares down. Just a little something to infuriate you today. Saddleback College in south Orange County, CA (the same school my Autistic son attended for their Adult Transition Program) refuses to back down on its claim that Marcus Knight, an Autistic student with cerebral palsy who asked a female student for a fist bump and another for a selfie, violated the young women’s Title IX rights because they were essentially “inappropriate” (read: sexually intimidating) acts. The more you read this article, the angrier you may become (emphasis mine below).

The first incident occurred in the first week of September when Marcus was in the Student Services office and asked a female student working there if he could “fist bump” her. She agreed but soon filed a Title IX complaint.

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Promoted from the Ricochet Member Feed by Editors Created with Sketch. Even a Stopped Clock…

 

You might want to sit down for this… Jerry Brown made a good decision. Actually, he made two.

The governor’s first good decision was vetoing a bill that would have enforced Obama’s Title IX guidance about campus sexual assault. This was the garbage rule that Secretary of Education Betsy DeVos scuttled because it denied the accused their due process rights. Brown explained his veto in a statement:

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Contributor Post Created with Sketch. Betsy DeVos Fights Back

 

It’s about time. Betsy DeVos, Secretary of the Department of Education, is pushing back on the shameful 2011 “Dear Colleague” letter that was sent to college campuses to intimidate them into misusing Title IX.

The principal objective of Title IX was to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. In the case of sexual abuse on college campuses, particularly accusations of rape, the regulation has been poorly applied to possible victims and the accused alike. Secretary DeVos’s actions have been both praised and condemned.

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Contributor Post Created with Sketch. The Title IX Juggernaut

 
Grant Neal
Grant Neal of Colorado State University–Pueblo.

Major miscarriages of justice often stem from unsound judicial and administrative procedures. Consider the story of Grant Neal, a student on an athletic scholarship at Colorado State University–Pueblo. Neal was suspended for sexual assault after he had consensual sexual intercourse with an unnamed woman. He has now filed suit to challenge that suspension, both against the CSU–Pueblo and the United States Department of Education and its Office for Civil Rights.

He should win, and for good reason. All legal actions begin with complaints, usually from a purported victim. But Neal’s case was different. The charge was brought against him by a “peer” of the woman involved, who, according to the allegations in the complaint, denied that she had been raped. The purported victim told the school investigator: “He’s a good guy. He’s not a rapist, he’s not a criminal, it’s not even worth any of this hoopla.” That should have put an end to the entire matter. Nonetheless, CSU–Pueblo has suspended Neal as long as his alleged victim remains on campus. The stigma of the sanction makes it impossible for him to transfer anywhere else. It is a classic case of defamation by public action, for which recourse is all too difficult to obtain.

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Contributor Post Created with Sketch. Department of Justice to Universities: Title IX Requires You to Violate First Amendment

 

shutterstock_3359855The feds are once again pushing an unconstitutional definition of harassment on universities. The latest push, coming in the form of a “findings letter” issued to the University of New Mexico, is all the more concerning because it’s coming directly from the Department of Justice. Universities are forced to choose between adopting a wildly unconstitutional definition of harassment or face the possibility of losing their federal funding and the wrath of the DOJ.

As FIRE writes in our new press release:

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Contributor Post Created with Sketch. Title IX, 1999, and 1789

 

The Office of the Independent Counsel was created post-Watergate to investigate executive branch wrongdoing. The Democrat-majority Congress reasoned that the DOJ would not be able to effectively investigate its colleagues and bosses. Republicans objected to the independent counsel statute for decades, both on separation-of-powers grounds, and because it was used as a political tool to harass Republican presidential administrations. But it wasn’t until Democrats’ own ox was gored, during the Clinton administration in the form of Kenneth Starr, that Democrats realized what they had wrought. The statute was allowed to expire quietly in 1999 with bipartisan agreement.

I thought of this history as I read Laura Kipnis’s account of Northwestern University’s own independent investigation of her conduct. Kipnis, a liberal professor at the university, has dedicated her career to feminist causes. However, after she recently wrote about her concerns regarding new university policies on sexual relations between professors and students, she became the focus of protests by feminist students. At first, she brushed off the protests. “I’d argued that the new codes infantilized students while vastly increasing the power of university administrators over all our lives, and and here were students demanding to be protected by university higher-ups from the affront of someone’s ideas, which seemed to prove my point.”

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Via the Washington Post: “The Virginia Military Institute has agreed to allow pregnant or parenting cadets to remain enrolled, reversing a policy that had required them to leave the public college, federal officials announced Friday. More

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Contributor Post Created with Sketch. Tufts to Department of Education: “Finding Has No Basis in Law”

 

Be sure to read FIRE Vice President Robert Shibley’s excellent piece today at WGBH.com on the ongoing battle over how colleges and universities handle allegations of sexual harassment and assault. As I reported yesterday, the White House unveiled its first official task force report (PDF), to both acclaim and criticism. Overshadowed by the White House announcement, however, is the news that Tufts University is pushing back against its treatment by the Department of Education’s Office of Civil Rights. As Shibley explains:

One of the first questions many people ask on this issue is, “Why are colleges holding rape trials anyway?” Good question. They do so because they are required to under Title IX, the 1972 federal law banning sex discrimination in educational programs. But don’t bother looking at the text of Title IX, which makes no mention of rape hearings at all. The requirement instead comes from mountains of federal regulations and piecemeal statutes that hold colleges to standards that are nearly impossible to meet or even comprehend.

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Contributor Post Created with Sketch. The Libertarian Podcast: Is Unionization the Future of College Football?

 

In this week’s installment of The Libertarian podcast from the Hoover Institution, Professor Epstein and I discussed the recent NLRB decision allowing unionization for college football players at Northwestern University.

Is it legitimate for college athletes to claim “employee” status? Can college sports survive the implications of this ruling? Is it an injustice for these students not to be paid? And would higher education be better off being decoupled from athletics, especially those that are functionally semi-pro? Those are some of the questions we explore in this episode:

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