Under pressure from federal Title IX enforcers, universities have been weakening the procedural protections for accused students who seek a chance to respond to the charges against them. As a result, cases like that of Yale athlete Patrick Witt will become more frequent. [Boston Globe; my Commentary piece a year and a half ago] A contrasting view: Christina Stoneburner.
- New report: “Schools Cut Back as Litigation Costs Eat into Budgets” [California Citizens Against Lawsuit Abuse, PDF] “Swings too dangerous for Washington schools” [AP; Richland, Wash.]
- “Appeals Court Ruling Paves Way for Gender Quotas in High School Sports” [Saving Sports, Ninth Circuit on Title IX] More: Alison Somin [Ollier v. Sweetwater Union School District]
- “College and university administrators demolishing freedom of religion and association” [Bainbridge]
- “Grenade Launchers: The Newest Must-Have School Supply” [Jason Bedrick/Cato, earlier]
- “It was against the school policy for elementary kids to have Chapstick” [Amy Alkon; Augusta County, Va.] “Mom Tells Therapist About Briefly Leaving Kids Alone, Shrink Calls Cops” [Lenore Skenazy]
- Disability and school discipline: “Wondering why a preschooler would ever need to be suspended? Here’s an explanation.” [Amy Rothschild, Greater Greater Washington]
- Civic education needed: some Greendale, Wisc. parents and educators wonder why non-parents are allowed to vote on school matters [Lenore Skenazy]
From rxc in comments:
The engineer’s solution:
Everyone who participates in the regulated activity needs to purchase a simple push-button device which controls a separate panel with a red light and a green light. During the regulated activity, each participant must hold down the button on the controller that illuminates the green light, which shall remain visible to the other party(ies) at all times. If, at any time, a participant releases this button, the green light goes off, and a red light comes on. Optionally, a siren could start to sound, to summon outside assistance.
These days, with Wifi and Bluetooth, I bet you could make the controller wireless and small enough to easily hold in one hand, leaving the other hand free for other activites…
I bet the Chinese could get something set up in a few weeks, and have it in stores by Xmas!
Failure to use such a device is cause to dismiss later allegations that consent was not given.
Batteries not included.
Hans Bader has some clarification on one issue on which there’s been widespread confusion, on which the California law does not go to the extreme some would have liked [San Francisco Chronicle letter to the editor; earlier]:
“New law redefines consent at college” (Sept. 29) claimed that California’s new “affirmative consent” law regulating college sex “says that a person cannot give consent if they are intoxicated.” But it does not say this. What it actually says is that “consent” is absent when “the complainant was incapacitated” due to alcohol.
Most intoxicated people are not legally deemed “incapacitated” and can consent, as law professor Anne Coughlin and the Foundation for Individual Rights in Education have noted.
Many happily married people have sex after drinking. While some liberal Democrats who sponsored SB967 wanted to ban sex between intoxicated people, the final version of the bill does not do so.
Admittedly, the new law is disturbingly vague in other ways. Its co-sponsor, Assemblywoman Bonnie Lowenthal (D-Long Beach), said, “Your guess is as good as mine,” when asked how an innocent person could prove “affirmative” consent.
Hans Bader, Washington, D.C.
It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. … Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
Earlier here. More: K.C. Johnson on the very bad coverage in the New York Times, and less bad coverage in The Nation. And it’s totally reassuring that a Slate writer who won fame insisting on the guilt of the Duke lacrosse guys is being cited as an authority on why there’s no need to worry about the new California law.
At least per this apparently official page from the University of Michigan; one hopes the institution is not planning to incorporate those notions into its (federally shaped) student discipline policies. [College Fix]
- What’s wrong with the NLRB attack on McDonald’s franchising, cont’d [On Labor, earlier here, here, etc.]
- Postal union calls in American Federation of Teachers, other public employee unions to kill Staples postal partnership plan [Huffington Post]
- U.S. Department of Labor uses coercive hot-goods orders to arm-twist blueberry farmers, judges say no [Jared Meyer, Econ21 and Salem Statesman-Journal]
- “Watch Closely Obama’s Treatment of Unions” [Diana Furchtgott-Roth] “Obama ‘Fair Pay and Safe Workplaces’ Executive Order Will Punish Firms in Pro-Worker States” [Hans Bader, CEI]
- Judge: massive document request signals NLRB’s emergence as litigation arm, and co-organizer, of unions [Sean Higgins, Examiner] Wobblies on top: NLRB sides with IWW workers over poster claiming eatery’s food was unsafe [Minneapolis Star-Tribune, earlier]
- Academic debate on union issues already wildly lopsided, union-backed labor history curriculum unlikely to help [Alex Bolt, Workplace Choice]
- Turning unionism into a protected-class category in parallel with discrimination law is one of the worst ideas ever [Jon Hyman, earlier here, etc.]
- Pending California bill would impose “affirmative consent” requirement on sex between students at colleges that receive state funding [Elizabeth Nolan Brown/Dish] “New Startup Connects Students With a Lawyer the Minute They Get In Trouble” [The College Fix] Yale vs. wrongly accused males [KC Johnson/Minding the Campus, related on due process] Provision in proposed “Campus Accountability and Safety Act” (CASA) would incentivize fining colleges by letting Education Department’s Office of Civil Rights keep the proceeds [Hans Bader; more on CASA] Idea that campuses are gripped by “rape culture” having wide-ranging effects, even off campus [Bader, Examiner]
- Not only that, but the body was missing: “HS student says he was arrested for killing dinosaur in class assignment” [Summerville, S.C.; WCSC]
- Is Mayor de Blasio really willing to sacrifice NYC select schools like Bronx Science and Stuyvesant in the name of equality? [Dennis Saffran, City Journal]
- Administration trying to hold for-profit colleges to standard few public colleges could meet [WaPo editorial]
- Progress of a sort: UC San Diego “has determined that most projects by historians and journalists need not be submitted to the IRB [institutional review board].” [Zachary Schrag; related speech]
- “At Appomattox County [Va.] High School, the staff spent the summer changing its block-letter ‘A’ logo on everything from sticky notes to uniforms after the licensing agency representing the University of Arizona sent the school a cease-and-desist letter claiming potential confusion among consumers.” [Washington Post Magazine]
- “Fifth Circuit Disobeyed Supreme Court in Allowing Racial Preferences at UT-Austin” [Ilya Shapiro, Cato]
- Note that the pile-up of parking signs at a Culver City school is still “towering and confusing” even in the “after” photo following response to complaints [L.A. Times via Virginia Postrel]
Through the actions of multiple federal agencies — the Department of Education, Securities and Exchange Commission, and Consumer Financial Protection Bureau — the Obama Administration has succeeded in wiping out a major for-profit education provider with thousands of employees and 72,000 students, all without bringing a legal charge. Imagine what they could have done if they’d filed charges [WSJ editorial]