Posts Tagged ‘Title IX’

Emily Yoffe at Cato Dec. 5

Mark your calendar for the afternoon of December 5, when I’m delighted to be hosting and moderating acclaimed writer Emily Yoffe, author of the recent blockbuster Atlantic series (parts one, two, three, earlier coverage here and here) on the problems with campus sex-misconduct tribunals. Washington Post columnist Ruth Marcus will offer commentary. Be there or plan to watch online (register).

Yoffe, whose earlier adventures include a seven-year stint writing the popular Slate advice column “Dear Prudence,” was recently interviewed about her work by Robby Soave for Reason. And relatedly on campus conduct, KC Johnson and Stuart Taylor Jr. report in a new Weekly Standard piece that federally mandated Title IX training mangles forensic principles and steers campus administrators to findings of “guilty.”

Campus free speech roundup

October 25 roundup

Schools roundup

  • Union contracts can result in truant-teacher syndrome [Larry Sand, City Journal]
  • “A Review of Department of Education Programs: Transgender Issues, Racial Quotas in School Discipline, and Campus Sexual Assault Mandates” [Linda Chavez et al., Regulatory Transparency Project]
  • Why is the FBI getting involved in college sports recruiting scandals? [Cato podcast with Ilya Shapiro]
  • School lobby in Pennsylvania, unable to defeat taxpayer advocates at ballot box, hopes to win in court instead [Matt Miller, PennLive on school finance suit]
  • “End Federal Pressure for Racial Quotas in Special Education” [Hans Bader, CEI]
  • Irvington, N.J.: “Student to get $6M after tripping, breaking arm in gym class” [AP/TribLive]

Campus climate roundup

  • Prof. Laura Kipnis, previously investigated by Northwestern over an essay she wrote saying there are too many Title IX investigations, wrote a book about the experience and that touched off yet another Title IX investigation of her [Jeannie Suk Gersen, The New Yorker]
  • Groups demand that outspoken social conservative Prof. Amy Wax not be allowed to teach first-year civil procedure at University of Pennsylvania Law School [Caron/TaxProf] How to evaluate claims that professors who say controversial things must step away from the classroom because they can’t be trusted to treat/grade students fairly? [Eugene Volokh]
  • Meanwhile, co-author of “bourgeois culture” op-ed, Larry Alexander of the University of San Diego, finds his dean distinctly unsupportive [Tom Smith, Caron/TaxProf roundup and more]
  • “Stay Woke” and allyship: insider view of American University’s new required first-year diversity courses [Minding the Campus] So revealing that an AAUW chapter would celebrate cancellation of this American U event [Elizabeth Nolan Brown]
  • Anonymous denunciation makes things better: president of Wright State University in Ohio “is encouraging students to anonymously report any violence and hate speech that might occur on campus.” [AP/WOUB] Student protesters called on Evergreen State “to target STEM faculty in particular for ‘antibias’ training” [Heather Heying, WSJ]
  • From this excerpt, upcoming Shep Melnick book on Title IX, OCR and federal control of colleges sounds top-notch [Law and Liberty] What to expect as Education Department reconsiders its former Dear Colleague policies [KC Johnson and Stuart Taylor, Jr., Weekly Standard]

September 27 roundup

  • Welcome news: U.S. Department of Education withdraws notorious Dear Colleague letter on Title IX and misconduct accusations [Hans Bader, CEI; ABA Journal]
  • Kaspersky Lab turns tables, forces E.D. Tex. patent claimant to pay to end case [Joe Mullin, ArsTechnica] Following unanimous SCOTUS ruling easing fee awards for ill-grounded patent litigation, firm told to “pay $1.6 million in attorney’s fees for filing an unwarranted patent lawsuit against a competitor.” [same, Octane Fitness vs. Icon]
  • Activist litigation with taxpayer imprimatur: “University Of North Carolina Law School’s Civil Rights Center Closes Following Board Of Governors Vote” [Paul Caron/ TaxProf, Bainbridge, earlier]
  • Another positive review for Ben Barton and Stephanos Bibas’s Rebooting Justice [Jeremy Richter, earlier]
  • Appeals court rejects constitutional challenge to North Carolina homewrecker tort (“alienation of affection”) [ABA Journal, Eugene Volokh, earlier]
  • Social engineering often seen as intrinsically anti-liberty. Rightly so? [Cato Unbound: Jason Kuznicki, Alex Tabarrok and others]

DeVos, Title IX, and sex on campus, cont’d

Part II of Emily Yoffe’s investigation for The Atlantic is if anything more explosive than the first: the campus assault survivor movement promotes concepts of the effect of trauma on memory (contradictory, fragmentary, belatedly-retrieved and even suggestion-induced memories ought not be discounted as forensically probative) that replicate key elements of the repressed childhood memory/dissociation scandal of a generation past (“believe the victims”). And Part III and last: What role does race play?

Debra Saunders quotes me in her new column on Secretary of Education Betsy DeVos’s new decision to reconsider the Dear Colleague and Blueprint policies of the Obama years: [Las Vegas Review-Journal/syndicated]:

Their decision [four Harvard law professors’] to release this memo, said Walter Olson, a senior fellow at the Libertarian-leaning Cato Institute, sends the message that if you want to defend the policy, “you’re not going to have to argue with Libertarians and conservatives” only, you are going to have to argue with left-leaning legal scholars who also care about fairness and due process….

“So much momentum has built up for federally driven changes in campus discipline and rules, so much momentum for unreasonableness,” Olson said, but the unfairness was so striking that it brought together feminists, Libertarians and Trump supporters.

Still, he added, “It took a great deal of courage for [Education Secretary Betsy DeVos] to do this. It would have been easy for her to find some way to dodge it, or postpone it.”

More accounts of discipline at particular campuses: Jesse Singal, New York magazine (USC, Matt Boermeester case, putative victim denies abuse); Nicholas Wolfinger, Quillette (University of Utah).

Yes, feds need to rethink campus sexual misconduct policies

A series of tweets I did about Thursday’s major announcement on Title IX policy from Secretary of Education Betsy DeVos:

I went on to explain that it all starts with the Department of Education’s OCR (Office for Civil Rights) 2011 Dear Colleague letter, and the further guidance that followed, which I wrote up here.

That’s a quote by Yoffe from a California Law Review article by Jacob Gersen and Jeannie Suk Gersen previously noted in this space here and here.

The courageous Harvard Law professors who called for a rethink of the Obama-era policy — Janet Halley, Elizabeth Bartholet, Jeannie Suk Gersen and Nancy Gertner — were profiled in a recent issue of The Crimson and in earlier coverage in this space here and here.

More coverage of DeVos’s speech and initiative, in which she pledged to use appropriate notice-and-comment methods rather than Dear Colleague guidance to introduce changes (“The era of ‘rule by letter’ is over”): Christina Hoff Sommers/Chronicle of Higher Education, Benjamin Wermund/Politico, Jeannie Suk Gersen/New Yorker, KC Johnson and Stuart Taylor, Jr./WSJ and cases going against universities, Johnson/City Journal, Bret Stephens/NYT (“no campus administrator was going to risk his federal funds for the sake of holding dear the innocence of students accused of rape”), Foundation for Individual Rights in Education, Hans Bader/CEI, Scott Greenfield and more (no basis in law to begin with), Robby Soave/Reason and more.

Google (per)plex, continued

Nick Gillespie interviews me for the Reason podcast on the Google/James Damore story. I get to make a point there wasn’t space for in my USA Today piece: the indirect government pressure on employers to police speech to avoid litigation mirrors the pressure put on classroom content at universities under Title IX and similar laws.

I also appeared on Guy Gordon’s radio show on Detroit’s WJR, and wrote a piece for Cato at Liberty on a dispute between Google and the federal government on employment discrimination and employee privacy that would probably be getting more attention if the memo story weren’t consuming all the oxygen in the room.

Meanwhile, Conor Friedersdorf asks Google CEO Sundar Pichai: could you clarify which passages of the memo tripped the wire, and which were OK? [earlier] And a piece by Nick Wingfield in the New York Times recalls part of the backdrop to the memo dispute: years of callout campaigning in tech to force political dissenters off of boards and out of jobs.

Campus climate roundup