- UCLA admins grovel, humiliate veteran profs over charges of “microaggression” [Heather Mac Donald, City Journal] Meanwhile, this piece on overuse of disability card/trigger warnings in academic settings has already gotten labeled #AbleistAbuse so read at own risk [June Thunderstorm, The Baffler]
- Toughened D.C. truancy laws “flooding schools with paperwork and pushing tardy students into the criminal justice system” [WP]
- Polite opinion beginning to turn in favor of procedural protections for accused in campus sex cases? [Ruth Marcus, Washington Post] Richard Painter: accused minorities may be at disadvantage under new house rules [Legal Ethics Forum]
- Schoolboy hurts himself opening emergency exit at back of bus, lawsuit follows [NY Daily News]
- Union fines Nassau Community College adjuncts for not “supporting” strike, including one who was on leave at time [Newsday] P.S. Union situation over at Rockland Community College has its own problems;
- Before registering for classes, students at some universities must submit to Title IX training with wildly intrusive personal questions [Susan Fruth, FIRE]
- Summary of Eric Hanushek’s expert report in Texas school finance case [Texas Public Policy Foundation]
- “Feds Punish Princeton For Liking Due Process Too Much” [Robby Soave, Reason; earlier]
- Despite outcome in California superintendent race, last week a major defeat for teachers’ union politics [RiShawn Biddle] UFT has outlasted school reform efforts in New York City, bad news for kids and parents there [Daniel DiSalvo]
- Global look at perceptions of risk and shrinking play opportunities for children [Blair Barrows, Common Good]
- Feds another step closer to clamping Title IX goals-and-quotas on collegiate club and intramural sports [American Sports Council]
- Link roundup: commenters who expressed doubts about this summer’s Vergara v. California decision on grounds other than actually liking the system of teacher tenure [Andrew Coulson, Orin Kerr, Will Baude, Larry Sand/City Journal, Eric Posner, Daniel Fisher, Richard Epstein]
- More cases spur criticism of zero-tolerance knife policies [WJBK, The Truth About Knives (Atiya Haynes, Dearborn Heights, Mich.); WOIO (Da’von Shaw, Bedford, Ohio]
- University of Oregon student government leader seeks to shut down critical blogs for being mean [Popehat]
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.]