A Judge Catches Notre Dame Acting Badly in a Title IX Case

Notre Dame stands to lose a Title IX case in an unusual flurry of kangaroo court blunders. It “investigated” the case and came away only with the female’s hostile emails, none of her loving ones (knowing that many emails were missing). When the male contemplated suicide, Notre Dame interpreted those thoughts as “dating violence,” and … Continue reading A Judge Catches Notre Dame Acting Badly in a Title IX Case

Professor Laura Kipnis–She Faced Title IX Charges for Writing an Essay

It is not too early to say that Unwanted Advances: Sexual Paranoia Comes to Campus by Laura Kipnis, professor of film studies at Northwestern University, will be one of the most important books of 2017. Kipnis gained some notoriety two years ago when she was hauled before her school’s Title IX investigators on a complaint … Continue reading Professor Laura Kipnis–She Faced Title IX Charges for Writing an Essay

Ruined by the Beach Boys and Other Title IX Disasters

In the latest expansion of the intent of Title IX, a University of Kentucky Professor drew punishment this month, partly, he says, because he was found to have engaged in “sexual misconduct” by singing a Beach Boys song at a university gathering in China last year. The professor, Buck Ryan, who directs the University’s Scripps … Continue reading Ruined by the Beach Boys and Other Title IX Disasters

The Title IX Mess—Will It Be Reformed?

Since 2011, the federal government has made successful and devastating efforts to undermine civil liberties on campuses. The surprise outcome of the presidential election raises at least the possibility that this illicit campaign, based on a vast extension of Title IX, will be reversed. Thousands of students accused of sexual misconduct but denied due process … Continue reading The Title IX Mess—Will It Be Reformed?

How the Feds Use Orwell to Apply Title IX

Among the many anti-campus due process groups that have appeared in the past five years, the most prominent is Know Your IX, co-founded by two self-described sexual assault victims, Dana Bolger and Alexandra Brodsky. The group has an active presence on social media; trains activists to crusade against due process at their home campuses; and … Continue reading How the Feds Use Orwell to Apply Title IX

Title IX Tramples Free Speech and Fairness, So Now What?

The American Association of University Professors (AAUP) has just dipped its oar in the dank water of Title IX.  The AAUP’s draft of its new document, The History, Uses, and Abuses of Title IX, leaves much to be desired.  But welcome to the fight, AAUP.  We’ve been wondering when you would show up. From 1972 … Continue reading Title IX Tramples Free Speech and Fairness, So Now What?

How Title IX Became a Policy Bully

By KC Johnson The Chronicle of Higher Education has received a good deal of attention for putting together a website cataloguing all the Title IX complaints currently pending with the Obama administration’s Office for Civil Rights (OCR). But the site should mostly be seen as a concrete demonstration of how little we know about these … Continue reading How Title IX Became a Policy Bully

Weaponizing Title IX at Middlebury

Last week came two more court decisions involving due process and campus sexual assault. The first, which involved a student at Case Western Reserve University, had Judge Christopher Boyko (a George W. Bush appointee) ruling that it was plausible the accused student was innocent and the CWRU had manufactured inculpatory evidence—but there was nothing he … Continue reading Weaponizing Title IX at Middlebury

Is Yale Using Title IX to Trump Free Speech?

Yale runs one of the strangest systems of handling sexual assault (“economic abuse” has been counted as a sexual attack, and proceedings can start without the alleged victim’s consent) so its semiannual  reports on  the subject are well worth studying. I’ve analyzed each of the previous six, all done as part of a settlement with … Continue reading Is Yale Using Title IX to Trump Free Speech?

How the Education Department Warped Title IX

When Congress passed the Title IX section of the Education Amendments of 1972, it aimed simply to offer women more opportunities to participate in on-campus athletics. Over the years, however, Title IX has become the legal foundation for the Education Department to insinuate itself into sexual assault cases. The key passage of Title IX reads, “No … Continue reading How the Education Department Warped Title IX

New Twist in Swarthmore Title IX Complaint

A strange story out of Swarthmore involving anti-due process activist Mia Ferguson, who was last in the news in April, when she joined several fellow students in filing a Title IX complaint against Swarthmore, on grounds that college procedures insufficiently protected the rights of sexual assault accusers. (Ferguson claimed that she was raped by another … Continue reading New Twist in Swarthmore Title IX Complaint

St. Joe’s, Title IX, and Procedural Unfairness

An interesting Title IX case was filed earlier this week in Pennsylvania. (You can read the complaint here.)  Brian Harris, a former student at St. Joseph’s University, was expelled from the school after he was determined to have committed sexual misconduct. Harris has sued St. Joe’s, alleging gender discrimination on grounds that the judicial procedure … Continue reading St. Joe’s, Title IX, and Procedural Unfairness

Title IX: Not About Discrimination

Imagine a hypothetical gourmet grocery store chain — let’s call it Wholly Wholesome Foods — that serves haute cuisine specialties at sushi/deli/lunch counters only in its stores located in upscale neighborhoods. Now imagine the long zealous arm of federal, state, and local enforcers accusing WhoWhoFoo of discriminating against inner city residents and forcing it to … Continue reading Title IX: Not About Discrimination

Title IX Claims More Victims

Supporters of Title IX such as the National Coalition for Women and Girls In Sports regularly claim that “loss of male collegiate athletic participation opportunities is a myth.” Tell that to the University of Delaware, which announced in January: that it is downgrading its men’s cross country and outdoor track and field teams from varsity … Continue reading Title IX Claims More Victims

Title IX Has A Disparate Impact–for Black Women

It has dramatically increased the number of white women (and girls; surely women even today remain girls until some point in their K-12 school years) playing on sports teams, but “most of those teams, especially those at the college level, have remained overwhelmingly white.” Title IX, it turns out, hasn’t benefited female athletes of color … Continue reading Title IX Has A Disparate Impact–for Black Women

The Ongoing Folly of Title IX

Connecticut’s Quinnipiac College, best known for its political polling, is now at the center of the newest round in the controversy over Title IX and women’s sports. In a trial that opened last week, a federal judge must decide whether competitive cheerleading should count as a sport for gender equity purposes. The case illustrates the … Continue reading The Ongoing Folly of Title IX

A Step Backward on Title IX

Earlier this month the United States Commission on Civil Rights issued a series of recommendations on Title IX enforcement. Chief among their analysis was the idea that the Model Survey promoted by the Bush Administration “currently provides the best method available” for measuring student interest, which has been a method of Title IX compliance since … Continue reading A Step Backward on Title IX

A Move Toward Common Sense on Title IX

At a time when every major bill coming out of Congress seems to push 2,000-plus pages, it is easy to forget that arguably the most sweeping and controversial piece of higher education policy in history, Title IX, was a mere 36 words in the Higher Education Amendments Act of 1972. Some laws, it turns out, … Continue reading A Move Toward Common Sense on Title IX

Another Team Falls To Title IX?

Sad news: An Oregon judge has rejected a last-ditch lawsuit challenging the University of Oregon’s decision to discontinue men’s wrestling as a varsity sport as of last June. Although Oregon Circuit Judge Lynn Ashcroft, stated in his Oct. 22 opinion that the university’s decision to drop men’s wrestling was not “‘gender’ based”—rejecting a claim that … Continue reading Another Team Falls To Title IX?

The Sixth Circuit Undermines Affirmative Action

On November 6 the voters of Oklahoma, following in the footsteps of voters in California (1996), Washington (1998), Michigan (2006), Nebraska (2008), and Arizona (2010), passed  a constitutional amendment that prohibits the state from offering “preferred treatment” or engaging in discrimination based on race, color, gender, or ethnicity. On November 15 eight of the fifteen … Continue reading The Sixth Circuit Undermines Affirmative Action

Should Pell Grants Be Entitlements?

President Obama has made reforming federal assistance to college students—with the aim of making it financially easier for more of them to obtain their degrees—-a centerpiece of his administration’s goals. In his State of the Union address on Jan. 27 he called for expanding the Pell grant program that currently serves about 7 million low-income … Continue reading Should Pell Grants Be Entitlements?

The Student Debt Crisis Is Not Being Fixed

A recent report from Education Sector shows that about half of America’s college undergraduates go into debt these days in order to work toward their degrees. In 1993 only 32 percent of college students took out loans to pay for their educations, so these latest figures, from 2008, based on the U.S. Education Department’s National … Continue reading The Student Debt Crisis Is Not Being Fixed