Posts tagged as:

Title IX

That’s National Public Radio, summarizing a new report from the federal Bureau of Justice Statistics that tells a very different story from the “1 in 5″ campus sexual assault slogan heard from the White House on down. Earlier here, etc.

P.S. Cato has now posted my Commentary article from last year on federal pressure for universities to reduce the procedural rights of accused students and faculty.

{ 0 comments }

Schools roundup

by Walter Olson on November 21, 2014

  • 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]

{ 1 comment }

Schools roundup

by Walter Olson on November 12, 2014

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.

{ 2 comments }

Schools roundup

by Walter Olson on October 20, 2014

  • Oklahoma school district agrees to pay survivors of teen who drove drunk [Tulsa World]
  • “The Evidence on Universal Preschool” [David Armor, Cato]
  • Things you can hit with a Title IX complaint for doing: fighting academic boycott of Israel [Ben-Atar, Tablet]
  • “It may take the fun and spontaneity out of sex, but I don’t care. That’s for the kids to worry about.” [Ron Kuby quoted in WSJ via Hans Bader; earlier on affirmative consent]
  • Jason Bedrick on lawsuits against school choice [Cato]
  • “The Left/Right Alliance That Legalized Homeschooling” [Jesse Walker, Reason]
  • Kid safety mania: “I suggest just keeping children in large jars until they’re 40.” [Amy Alkon]

{ 1 comment }

Schools roundup

by Walter Olson on October 7, 2014

  • 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]

{ 5 comments }

Don’t call it quotas, call it “statistical proportionality” [Christina Hoff Sommers, Time; earlier on Title IX]

{ 7 comments }

Civil libertarian Wendy Kaminer, writing at WBUR, says the new White House task force report on campus sexual assault

reflects a presumption of guilt in sexual assault cases that practically obliterates the due process rights of the accused. Students leveling accusations of assault are automatically described as “survivors” or “victims” (not alleged victims or complaining witnesses), implying that their accusations are true….

Thus the task force effectively prohibits cross-examination of complaining witnesses. … But by barring cross-examination, you also protect students who are mistaken or lying, and you victimize (even traumatize) students being falsely accused…. School officials are also encouraged to substitute a “single investigator” model for a hearing process, which seems a prescription for injustice.

More links on the current controversy:

(& welcome Glenn Reynolds/Instapundit readers)

{ 9 comments }

When is it considered a success to generate more complaints against one’s own organization? When you’re a newly assembled Title IX team, in this case installed at the University of North Carolina following pressure from federal regulators and students. [Harry Painter, Pope Center] Our previous coverage of the Department of Education/Department of Justice “blueprint” on campus harassment and sexual misconduct allegations is here.

…by tearing down the newly built seating on the boys’ side, provided by voluntary parent contributions. What’s important is that things be equalized, and someone had filed a Title IX complaint. “The seating was also not handicapped accessible.” [Plymouth, Mich.; MyFoxDetroit]

{ 3 comments }

Free speech roundup

by Walter Olson on October 3, 2013

  • University of Montana professors who refuse Title IX training to be reported to federal government [FIRE, more, Missoulian] Professor yanked from public-university classroom over offensive out-of-class tweet [Popehat, Peter Bonilla/FIRE]
  • Preacher/historical fantasist/horrible human being Scott Lively has probably accomplished more actual evil in life than the picketers of the Westboro Baptist Church, yet it raises disturbing First Amendment questions to let him be sued in U.S. court for having urged foreign governments to be more oppressive [NBC News]
  • Speaking of wacky preachers, Florida sheriff says Terry Jones arrested for unlawful fuel transport and open gun carry, not because anyone disagreed with his speech [Orlando Sentinel, Volokh]
  • Critical speech annoys elected officials and that’s one reason we keep having to fight about campaign regulation [Barton Hinkle, Brad Smith on McCutcheon case, Ilya Shapiro on Susan B. Anthony List v. Driehaus]
  • Minnesota: “Ban on ‘Advis[ing or] Encourag[ing] … Another’ to Commit Suicide Violates First Amendment” [Eugene Volokh] Pennsylvania: “Crime to ‘Disparag[e]‘ an Under-18-Year-Old ‘With Intent to Harass’?” [same] Liking Facebook page presumptively protected speech [same] Veto override fails, so Missouri won’t enact proposed ban on publishing names of gun owners or concealed carry permit holders [same, followup]
  • Danish-Iranian artist convicted of “racism” after critical comments re: Muslim men [Copenhagen Post via @ClaudiaHajian]

{ 2 comments }

January 9 roundup

by Walter Olson on January 9, 2013

{ 2 comments }

If Yale is any example, universities are surrendering without much of a fight to the Obama administration’s demands that they not give overmuch due process to students and faculty charged with sexual misconduct. And why does the press persist in treating as perfectly respectable Wendy Murphy, the oft-refuted roving criminal justice commentator and occasional Title IX complainant? [KC Johnson, Minding the Campus, earlier]

{ 3 comments }

Steve Chapman at the Chicago Tribune looks at the cultural and legal responses to the mounting evidence that professional football inflicts brain damage on many of its players. He quotes my view that if the litigation system carries over to football the legal principles it applies to other industries, the game isn’t likely to survive in its current form.

More, Coyote: “And don’t think the NFL does not know this. If you are wondering why they handed out insanely over-the-top penalties for bounty-gate in New Orleans, this is why. They are working to establish a paper trail of extreme diligence on player safety issues for future litigation.” And: Saving Sports (adding Title IX angle).

{ 1 comment }

August 23 roundup

by Walter Olson on August 23, 2012

  • Cross-examination could be awkward: “Top Nevada Court Says Attorney Son Can Represent Dad in Divorce From Mom” [ABA Journal]
  • “Phoenix Woman Ordered to Not Give Out Water in 112 Degree Heat Because She Lacked a Permit” [Doherty, Reason]
  • Admitting no guilt, Yale capitulates to feds’ Title IX probe, promises crackdown on sexual “climate” [YAM, earlier here, here, etc.]
  • Citing “egregious” ethics lapse, judge denies McGuireWoods fees in BarBri antitrust case [NLJ]
  • Foreign Corrupt Practices Act probe of retailers? [Reuters, FCPA Professor] FCPA piggyback shareholder suits falter [D&O Diary]
  • Obama has postponed a slew of new regulations until after November, and they’re a costly lot [Rob Portman, WSJ]
  • Fifth Circuit rejects challenge to sentencing in Paul Minor case [YallPolitics, background]

Lawyers from the American Civil Liberties Union (ACLU), as part of a wider campaign to pursue maximally feminist interpretations of Title IX, successfully litigate to prevent Quinnipiac University from naming competitive cheer as a varsity sport [American Sports Council "Saving Sports"] More: Richard Epstein on Title IX; background.

{ 19 comments }

July 23 roundup

by Walter Olson on July 23, 2012

  • Oh, ABC: “America’s Wrongest Reporter” Brian Ross achieves another feat of wrongness [Hans Bader] “Don’t turn Aurora killer into celebrity” [David Kopel, USA Today] For the media: five tips on how not to misreport the gun angle [Robert VerBruggen, NRO]
  • Ed Brayton of Dispatches from the Culture Wars challenges me on the War For Roberts’ Vote, and I respond;
  • The “contains peanuts” warning on a peanut jar [Point of Law]
  • “California Stats Show Elected Judges Disciplined More Often than Appointed Judges” [ABA Journal] New Federalist Society guide on state judicial selection procedures;
  • “Science Quotas for Women–A White House Goal” [Charlotte Allen, Minding the Campus; Hans Bader] More: Heritage. “Title IX swings wildly at invisible enemy” [Neal McCluskey]
  • So that’s what his business card meant when it said he practiced at Loeb and Wachs [AP: "Hawaii attorney convicted in ear licking case"]
  • Rare occasion in which defendant is allowed to strike back: California appeals court says software executive can pursue malicious prosecution case against class action lawyers [NLJ]

{ 1 comment }

June 18 roundup

by Walter Olson on June 18, 2012

{ 6 comments }