BIG THOUGHTS HERE (Sorry about the earlier link.)
“There’s a real problem here, but the solution can’t come in the form of a repressive policy from the national government’s bureaucracies.”
Why not? (because it is a voluntary resolution agreement which requires enforcement at a local level?)
Also this review was a rather specific review of policies and the enforcement or lack thereof of policies at the University of Montana.
DOJ Case No. DJ 169-44-9, OCR Case No. 10126001
What essentially amounts to review for compliance of title IX, and something akin to administrative agencies giving an advisory opinion, or more specifically what it exactly is: A voluntary resolution agreement.
“In the opinion of the Departments of Justice and Education, the fact that speech is true is no barrier to its being punished. ”
False. Albeit with room to be “true” with context. i.e. “You are so hot, you give me wood”, potentially a true statement and a form of sexual harassment.
“Colleges must have a code that prohibits the spreading of even true sexual rumors—for, I suppose, telling the truth about someone did last night.”
False, on at least two levels. 1) it is only a voluntary agreement between the University of Montana and DOJ/DOE civil. 2) the portion applicable to all universities(State Actors?) remains Title IX.
This legal standard is: (1) a student is sexually harassed and the harassing conduct is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the program (i.e., the harassment creates a hostile environment); (2) the university knew or reasonably should have known about the harassment; and (3) the university fails to take immediate effective action to eliminate the hostile environment, prevent its recurrence, and address its effects.
In fact your standard might get a university in trouble. A temptation for a university seeking to eliminate liability via (2), would be to adopt what essentially is a head in the sand policy. I could see this being a football coach bright line rule policy. As Penn State shows us, football coaches have a way of not wanting to know or reasonably know. If you read the DOJ paper you will see that this was actually a problem at the University of Montana. So a lot of the procedural suggestions/agreements on policy are to inform administrators.
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