The Clinton and Obama administrations ignored federal law and court rulings in the harassment rules they imposed on America’s colleges and schools. The Administrative Procedure Act requires an agency to put a regulation that expands someone’s legal obligations into the Code of Federal Regulations, before it can go into effect.In addition, agencies are expected to notify Congress of their rules. [The Clinton/Obama administrations turned a blind eye to the APA and put forth illegal guidance letters.through the Department of Education. SOS]
cei.org/blog By Hans Bader
Title IX, DoED OCR
Department of Education’s Office of Civil Rights related to Title IX
Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private hospital’s medical residency program. Even more surprising, the court ruled that a medical resident could bypass the traditional administrative scheme required for making employment claims by pursuing litigation under Title IX, which the U.S. Supreme Court previously held allows for a direct, individual cause of action. The impact of the Doe decision is likely significant, and requires medical residency programs to understand their new obligations and take action to protect themselves from an expected increase in sexual harassment, discrimination and retaliation claims.
bakerdonelson.com By Jennifer Curry
On college campuses young men are treated to lectures and workshops that teach them their masculinity – an element at the very core of their identity – is dangerous, poisonous and even toxic…Discussions of sexual assault that assume a male perpetrator and a female victim, or the use of phrases like “Teach men not to rape,” constitute the gendering of a crime that is in fact committed by people of all genders…One of the goals of Title IX is to ensure that no student must endure a hostile educational environment based on sex discrimination. It’s hard to imagine a more hostile educational environment than one that characterizes the gender identity of a large number of [male] students as poisonous.
usatoday.com By Glenn Reynolds
The Title IX compliance group that NCHERM endowed, the Association of Title IX Administrators, is offering to teach trigger-happy campus bureaucrats how to protect due process in campus adjudications. At its Title IX training and certification course next month, ATIXA is including a $1,499-per-person “due process track” that is open to anyone who is a “seasoned administrator.” It laughably claims to be “placing a renewed emphasis on due process,” rather than the more accurate “emphasis for the first time.” FIRE’s Samantha Harris has a good laugh at this turn of events, noting that FIRE will educate campus bureaucrats for free and that Sokolow once accused her group of “sticking up for penises everywhere.”
Show me the money! Starting this fall, all incoming freshmen and transfers at the University of Maryland will have to undergo a bystander intervention training in person…And they’ll pay for the privilege of doing it. The university already added six new Title IX-related positions and the Title IX office budget jumped by more than half between its first and second year, reaching $1.01 million. Its director has called cross-examination in sexual-misconduct proceedings “harassment,” and she has previously admitted that extra funding for her office would not result in fewer rapes.
thecollegefix.com By Greg Piper
Researchers behind the 1-in-5 statistic explain how their results are misinterpreted. “Taking the 1-in-5 statistic and applying it universally, or using it politically, is a misleading representation. People have taken our work from previous studies and used 1-in-5 from it. They create statistics that they then want to use as if they’re a national average, or that this is the magnitude of the problem everywhere. We’ve never said that. But that’s how it gets used..Reductive, one-size-fits-all data leads to policies that might not help much.” Dr. Krebs.
weeklystandard.com By Alice B. Lloyd
In recent years, critics of the Obama administration’s approach to sexual assault reporting have charged that colleges are denying the rights of the accused. Two lawsuits – one involving Thomas Klocke an accused student who committed suicide, and another about a Cornell student’s attempt – have added fire to the continued debate over how colleges handle complaints of sexual assault. These two cases have been held up as examples of a flawed system that some say should require colleges to rely on a higher standard of evidence in investigating and punishing students for sexual assault.
insidehighered.com By Jeremy Bauer-Wolf
“Accidents happen—that’s why we have emergency contraception, also known as the morning-after pill.” Planned Parenthood website.
Well, regret happens, too. Regret does not equal rape. That’s precisely why falsely accused students need the protection of a “Morning-After Bill.”
The Morning-After Bill will help ensure a night of consensual sex, followed by next day regret of the once-willing partner, will not amount to a false accusation charge of rape in attempt to rid oneself of regret, embarrassment and a host of other feelings. Unlike the Morning-After Pill, a person can’t “un-do” the sex they had the night before by blaming someone for their once-willing behavior. The Morning-After Bill will help ensure regret does not equal rape and guarantee due process is granted to both parties. To young college women, I implore you, do not blame someone else for your actions that at one time were exactly what you wanted.
dailycaller.com By Renee Jolly, A concerned parent speaking out
Rice’s lawyers say a Lee County grand jury has declined to indict former Auburn tight end Landon Rice on a rape charge.. Incredibly, Auburn’s Title IX office determined otherwise…Rice’s lawyers say he “passed a polygraph test that specifically asked whether he had ever forced his accuser to have sex in any manner, whether all their encounters had been consensual, and whether he’d ever forced her to have sex after she refused. “Those conducting the Title IX inquiry refused to consider the polygraph results. The untrained individuals who investigated this charge did not provide Landon a hearing, did not permit cross-examination of the accuser or witnesses, and totally disregarded serious contradictions in the most relevant testimony.” In contrast, a criminal grand jury found no probable cause (a lower standard than that used by the Title IX office at Auburn) for any criminal charge against Landon after hearing testimony from both Landon and his accuser. Landon has never been charged or arrested for any crime.
www.al.com By James Crepea
Since 2011 more than 150 lawsuits have been filed against colleges and universities involving claims of due-process violations during the course of Title IX investigations and proceedings related to sex-assault allegations. For the young men who file the suits, the civil courts offer a last chance for justice and an opportunity to clear their names. “One day all of your dreams are in front of you and you’re on a path and a trajectory for you to achieve those dreams – only then for it to be yanked from you, totally out of your control,” Grant Neal said. “Basically, every day is a struggle to continue to go on and go forward,” but Neal said he is resolved to continue. “I’m willing to fight to the end and do whatever it takes to seek justice,” he said. “I have nothing to hide. I have no shame.”
washingtonpost.com By T. Rees Shapiro Innocent Accused Grant Neal’s Lawsuit Against DoED