SUBVERSIVE LAWMAKING AND THE WEAKENING OF TITLE IX

Nov. 06, 2015

The story below from today’s Dayton Daily News about the federal CASA bill is an important example of how subversive laws are enacted.

CASA was filed by Senator McCaskill right after the federal court approved my lawsuit against the SaVE Act to proceed, which led to the SaVE Act being curtailed when the court ruled that SaVE could have “no effect” on Title IX.

Many groups have since lobbied against CASA because CASA directly amends and weakens Title IX. (The SaVE Act did the same thing INDIRECTLY, but the federal court ruled in my case that indirect amendments could not weaken Title IX’s substantive provisions, which was an important victory.)

When objections to CASA mounted, the silly Safe Campus Act (SCA) was filed as a prop to create a false choice for women between bad (CASA) and worse (SCA).

This is an old trick.

Women are not required to choose between two ridiculous options.

They can and should oppose both CASA and SCA, and relentlessly shame all congressional sponsors of both.

Where are the advocates who should be campaigning with the message – “Title IX gave women full gender equity in education in 1972 – leave it alone.”

Silly ideas like affirmative consent and all the nonsense about having two tracks for redress for victimized women – one under equitable civil rights standards, and one under NOT equitable sexual misconduct standards that mimic criminal law procedures, (which are profoundly inequitable and are NOT imposed on any other category of student except women) will not withstand constitutional scrutiny and will expose schools that adopt separate and unequal systems to substantial liability and aggressive lawsuits.

One simple, streamlined umbrella civil rights policy for all harassment and violence “based on” ALL categories including “gender/sex” is the only approach that will insulate schools from liability.

And consider this. A Muslim woman student was beaten by a man at an Indiana school two weeks ago. The entire process from incident to expulsion – under civil rights procedures – took three days.

Does anyone honestly believe that if the woman had been sexually violated – it would have made rational sense to drag out the process for redress under the school’s boondoggle generic sexual misconduct policy?

And where are all the noisy professors who say due process is a critically important right for accused students? Why aren’t they writing opeds complaining that three days from incident to expulsion isn’t enough due process? Or that the guy should have been allowed a hearing with counsel and cross examination and access to the victims counseling and school records, etc.

It is unconscionable for anyone, much less members of Congress (with two women in the lead no less — Gillbrand and McCaskill) to support laws that allow explicit subjugation and that force only one category of student – women – to submit to second class grievance procedures.


 

11/3/15 Dayton Daily News A9

2015 WLNR 32617954

Dayton Daily News (OH)

Copyright (c) 2015 Cox Ohio Publishing. All rights reserved.

November 3, 2015

Section: Ideas & Voices

Greek system stifles efforts to fight campus sex assault

FROM THE LEFT

Mary Sanchez She writes for the Kansas City Star.

Fraternities and sororities have a choice. Either they can be part of the solution to campus sexual assaults or they can choose to be part of the problem.

Guess which direction the major Greek system associations are going?

They’ve hired a heavy-hitting lobbyist to advance a bill in Congress, misleadingly dubbed the Safe Campus Act, that would bar university administrators from conducting inquiries into such cases until the victims reported the assaults to the police.

The attitude behind the bill seems to be: If the purported crime is so serious, let the police handle it. Advocates for survivors of sexual attacks argue that such a law would discourage more victims from coming forward.

Fortunately, there is a better bill, the Campus Accountability and Safety Act. The principal sponsors, Sens. Claire McCaskill, D-Mo., and Kirsten Gillibrand, D-N.Y., happen to be proud sorority women (Kappa Alpha Theta and Kappa Kappa Gamma, respectively), and they held a press call on Thursday to vent their rage that the North-American Interfraternity Conference (NIC) and the National Panhellenic Conference (NPC) could support such counterproductive legislation.

McCaskill surveyed colleges and universities, finding that 40 percent admitted that they hadn’t investigated a single sexual assault allegation in five years.

Changing that dynamic, they believe, is key to making campuses safer. It appears it’s also a threat to the college Greek systems.

”We see too many students – accusers and accused – subjected to a campus disciplinary system that is unfair and opaque,” the NIC and NPC lamented in a joint letter to Congress this summer in support of the Campus Safety Act. Both organizations have shied from commenting since, letting their lead lobbyist, former Senate Majority Leader Trent Lott, make their case.

Deeper in the letter, the organizations fessed up to another concern. Greek organizations, especially fraternities, feel under attack, with university sanctions occurring upon entire chapters, not just individual members involved in misdeeds.

McCaskill and Gilli-brand’s bill has protections for accused, requiring written notification to them of any decision to move forward with a campus disciplinary proceeding within 24 hours of the decision.

The senators’ bill also would end the practice of allowing athletic departments or other subsidiary administrators from handling complaints, under threat of fines or losing federal funding.

The Greek system has a long history of bad behavior, from hazing rituals gone wrong to drunk pledges falling out of windows to, yes, rape.

I’m a Delta Zeta, and I happen to think that the Greek system does a great deal of good that should not be dismissed. But I believe the Interfraternity and Panhellenic conferences are on the wrong side of this.

Rapes and other sexual assaults are still among the most underreported crimes in America. Victims need more, not less, encouragement to come forward, supported by professionalized processes that are fair to all.

If that shines an unflattering light on some fraternities and sororities, that’s a small price to pay for making campuses safer for all.