Title IX

The New Title IX and its Challengers

The last four years have witnessed a series of desperate attempts to frustrate Education Secretary Betsy DeVos’ goal of creating a fair Title IX adjudication framework to replace the one-sided guidance she inherited from the Obama administration. In 2017, when DeVos rescinded what one federal judge deemed the “infamous Dear Colleague letter,” accusers’ rights organizations […]

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NAS Critiques AAUP Response to New Title IX Regulations

On May 6, the Department of Education (ED), under Secretary of Education Betsy Devos, released new Title IX regulations. Title IX was first written into law as part of the Higher Education Act of 1965 with the purpose of banning sex discrimination at colleges and universities receiving federal funding. It was last amended by ED […]

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Campus Sex Cases, Cross-Examination, and the University of Michigan

For years, under Title IX, a student charged with sexual assault was not permitted to face their accusers and cross-examine them. The rationale by feminists was that confronting the accuser was equivalent to another sexual assault. This policy violated due process, even though some innocent students’ reputations and careers have been ruined. The Chronicle of […]

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Survey Confirms Unfairness of Campus Title IX on Due Process

Education Secretary Betsy DeVos recently indicated that the process for creating fairer Title IX regulations has reached its final stages. As the new rules loom, the higher-ed establishment has demonstrated an almost uniform opposition to creating fairer Title IX procedures. The most recent example came from NASPA, the organization of student affairs officials. Few organizations […]

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2019 in Review in Accused Student Litigation

In an environment where accused students too often need to go to court to undo unfair Title IX adjudications, lawsuits against universities continued apace in 2019. A critical ruling in the Seventh Circuit highlighted the year, but some troubling rulings elsewhere provided a reminder that in this area of the law, an unsympathetic judge can […]

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Cuomo and the Lack of Fairness in New York Title IX Stats

There are few good campus situations for accused students in the aftermath of President Obama’s Dear Colleague letter; virtually every school uses a process that at least in some way tilts toward the accuser. As a rule, however, students will have a better chance at public universities than at private schools, since public institutions need […]

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Is Yale More Dangerous than Detroit?

Few universities have a more troubling record on Title IX matters than Yale. A few months after settling a lawsuit brought by former basketball captain Jack Montague—thereby avoiding trial on a variety of claims, including that the university manipulated its procedures to bring charges against Montague and then found him guilty despite a preponderance of […]

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Man comforting his depressed friend

Fake Claims of Rape Due to Trauma Are Under Scrutiny

The big news in campus sexual misconduct hearings is that believers in trauma-informed adjudications are on the defensive. What that verbal mouthful means is that apparent weaknesses in a complainant’s case—inarticulateness, contradictions, lying, or being too “frozen’’ or fearful of testifying—must not be automatically taken as evidence that sexual trauma has occurred. In recent years, […]

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Harvard Law Professors Challenge Unfairness of Title IX

A lawsuit filed by an accused professor against Baylor University is the latest in a string of litigation from professors or high-level university employees adjudicated under campus Title IX tribunals. It was all but inevitable that the unfair Title IX apparatus that has ensnared thousands of accused students would target professors as well. It might […]

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Yet Another Attack on Due Process by Title IX

“It’s Title IX, not Miranda,” Susan Riseling, former chief of police at the University of Wisconsin-Madison told a conference of academic administrators in 2015. “Use what you can.” Riseling was describing a case in which a Wisconsin student had been subjected to both a criminal and a Title IX complaint. The police originally didn’t have enough […]

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The Campus Rape Culture That Never Was

A college male meets a college female, they get along well, and the male attempts to kiss the female. She pushes him away, saying it is too soon. This followed role expectations: boys took the initiative in sexual contact; girls complied or resisted, as they wished. A few days later they have sex, but his […]

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Harvard Zealots Abuse Title IX to Nail the Accused

Harvard is perhaps the only institution in the country with multiple sets of Title IX procedures, depending on which branch of the university the student attends. At Harvard Law School, the parties are allowed to have full legal representation, the tribunal is basically independent, and there’s meaningful discovery. Harvard undergraduates, on the other hand, experience […]

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Catherine Lhamon ESPN interview

Interview Undercuts ‘Rape Culture’ on Campus

With the possibility of new Title IX regulations looming, defenders of the now-rescinded Obama-era guidance have aggressively sought to defend their years-long crusade against campus due process. But in several remarks last week, ex-Obama officials and their supporters provided unintentional insight on why the administration’s Title IX policy was so unfair In an interview with […]

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DeVos Urges Campuses to Promote Free Speech

A few days ago, someone leaked a draft of the Education Department’s proposed new Title IX regulations. The document seeks to use federal authority to ensure that universities employ fairer procedures when adjudicating sexual misconduct claims. Today, Education Secretary Betsy DeVos—quite appropriately—took a different approach to the issue of free speech on campus. Rejecting the […]

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Betsy DeVos

Comparing Seven Key Changes in DeVos’ Title IX Proposal

The long-awaited new regulations on campus sexual misconduct, expected to be fairer toward the accused than the Obama-era Title IX guidance policies they will replace, were leaked to The New York Times and appeared there in part on August 29. Unfortunately, The Times did not post the draft guidelines, due from Education Secretary Betsy DeVos. […]

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Duncan vs. Kelly

Arne Duncan’s Untruthful Attack on Megyn Kelly

Megyn Kelly is of the few journalists to have consistently raised concerns about the fairness of campus Title IX tribunals. She did so at Fox, bringing attention to the egregious case at Amherst College. And she did so last week at NBC, noting that while conditions once were unfairly tilted against the accuser, “the Obama […]

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Double Standards in NYU Sex Abuse Case

The troubling story of NYU professor Avital Ronell has been covered extensively by Scott Greenfield at Simple Justice; Brian Leiter has also broken several items on his blog, including the scholars’ letter on her behalf. A long article in The New York Times and a very sympathetic account in the Chronicle brought the matter to […]

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Man comforting his depressed friend

Yale’s Sex Assault Report Is A Fabrication

The latest Spangler Report from Yale is now out—and it portrays a deeply dangerous campus: around 1.75 percent of Yale undergraduate females as victims of sexual assault in the first six months of 2018. (That’s a violent crime rate around twice as high as that of Detroit, which the FBI rates as the nation’s most […]

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Why the Unfair Sex Tribunals of Title IX Are Losing Ground

In a reproof to Obama-era guidance on campus sex hearings, Education Secretary, Betsy DeVos issued interim Title IX guidance fair to the accused as well as the accusers. This brought a storm of abuse from the founders of the kangaroo court system, favored by the Obama team. The lawsuits against the interim guidance issued by […]

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Male and female gender symbols in fire of love

The Gross Unfairness of Title IX Goes National

Two national publications—the New York Times and the Atlantic—have recently reported on procedural abuses in the Title IX system. Both pieces are must-reads, and reminders of how the one-sided nature of campus Title IX tribunals, analyzed for years mostly by smaller media outlets like this one, has at last decisively permeated mainstream media. Michael Powell’s […]

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The Fallout From Weaponizing Title IX

In April of 2011, the Obama administration changed Title IX policy, pressuring colleges to adopt procedures that dramatically increased the chances of a guilty finding in sexual misconduct cases. Justice for accused males became so rare that many turned to the courts, filing suit for loss of due process. Since then, universities and colleges have […]

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Taking a Stand on Gender Equity—for Men

Quick Read! A doctoral student at the University of Southern California with no Connection to Yale has filed a Title IX complaint against Yale’s affirmative action programs for women. The student, Kursat Christoff Pekgoz alleges that since women do better than men in gaining admission and academic performance at Yale, there is no basis for […]

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A Shameless Title IX Bureaucrat Poses as a Champion of Due Process

During her nearly four years running Barack Obama’s Office for Civil Rights (OCR), Catherine Lhamon was nothing if not consistent. She sought to use the power of her office—chiefly by threatening to withhold federal funds—to force colleges and universities to change their campus sexual assault policies. Every substantive change demanded by the Obama administration made […]

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This University Is Going to Pay Big Money for Ignoring a Student’s Rights

James Madison University, a public university in Virginia’s Shenandoah Valley, is probably not a school you would think of as one where rampaging ideology against male students would lead to a huge legal fight. But that’s what happened a few years ago. Now, a student who was wrongfully punished is on the verge of collecting almost […]

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Critics Slam DeVos for Being Fair

Nearly 60 Democratic legislators tweeted criticism of Education Secretary Betsy Devos’ speech, which advocated a fairer approach and more respect for due process in campus Title IX tribunals. The preferred adjectives included “terrible,” “despicable,” “insulting, “perverse,” “appalling,” “disgraceful,” “shameful,” and “dangerous. No congressional Democrat, in any way, praised her remarks, which insisted on the rights […]

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De Vos to End One-Sided Campus Sex Rulings

In the debate over campus due process, it would be difficult to overstate the significance of Education Secretary Betsy DeVos’ George Mason speech. No comparable address occurred during the Obama years—former Education Secretary Arne Duncan largely deferred on the issue to Russlynn Ali and Catherine Lhamon, who ran the Office for Civil Rights (OCR) during […]

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The Kipnis Lawsuit Seeks to Muzzle the Truth

The lawsuit filed by Northwestern Title IX accuser “Nola Hartley” against best-selling author Laura Kipnis (Unwanted Advances) has attracted substantial attention from both the mainstream media and from commentators; the two best pieces (taking differing approaches to the lawsuit’s merits) come from Robby Soave and Michelle Goldberg. The Kipnis book looks primarily at four cases—one […]

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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 […]

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Panic Over Sex Assault ‘Crime Wave’ Overtakes Yale

In a 2012 resolution agreement with the Office for Civil Rights, Yale became the nation’s only university required to document all sexual assault allegations on campus. The reports, prepared by Yale deputy provost Stephanie Spangler, are generally bare-bones (and became even more so last year after Spangler announced she’d decided to supply less information about […]

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Obama OCR Moves to Deter Any Trump Reform

As the Obama administration draws to a close, opponents of campus due process have launched an aggressive public relations campaign on behalf of their agenda, lest change comes with a new regime in the White House. The highest-profile effort came from Joe Biden, who penned an open letter to the presidents of the nation’s colleges […]

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