Biden’s Proposed Title IX Procedural Rules Bring Back Kangaroo Courts at Colleges

What is the best way to determine whether a person engage in sexual harassment or sexual assault at a university? What procedural safeguard should we offer, given the fact that being expelled from college could destroy a person's career?

The National Review Compares the current rules (enacted by Trump's secretary of education Betsy DeVos) to the rules being proposed by Joe Biden. The article is titled, "Guilty until Proven Innocent: Biden Title IX Changes Mean Return to ‘Dark Ages’ for Falsely Accused Students."

While the woman who’d accused him of rape appeared before a Columbia University panel in June 2017, Ben Feibleman was in another room watching it on Zoom.

Feibleman was not allowed to cross-examine his accuser during the hearing to determine if he would be expelled from the school, potentially scarring his personal and professional life permanently. He wasn’t even allowed to be in the same room with her.

During the hearing, Feibleman was also barred from discussing a medical report that found his accuser was likely not impaired or unable to consent to sexual activity the night of the alleged assault. He was barred from discussing his accuser’s behavior that he said eventually caused her friends to doubt her. If Feibleman mentioned any of it, he’d be removed from the hearing.

Feibleman’s written statement to the three-member hearing panel was heavily redacted, according to court records. The panel took no testimony. Members refused to ask questions of Feibleman or his accuser that Feibleman had repeatedly begged them to ask about evidence he’d submitted in his favor — hundreds of photos, videos, and a damning audio recording.

And then the panel found Feibleman guilty. He was expelled and denied his diploma.

“Nobody had any interest in my version of events,” Feibleman told National Review.

Feibleman’s experience with a less-than-fair quasi-judicial university hearing was not unique in the years after the Obama administration issued Title IX guidance documents directing the nation’s colleges and universities to crack down on sexual harassment and sexual violence cases on and off campus. The Obama-era guidance essentially tipped the scales in the direction of the accusers, typically women, with millions of dollars of federal funding for schools on the line. [More . . . ]

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Gender Ideology: Colin Wright Offers a Case Study

How does one explain "the sudden and dramatic rise in the number of children being referred to gender clinics for gender dysphoria—the experience of distress caused by a perceived mismatch between one’s biological sex and “gender identity.”

Biologist Colin Wright followed one recent case on the Facebook Group, “Trans People and the Allies Who Support Them” Facebook Group.? Here's a great recipe if you would like to confuse and abuse a young child.

[This sudden and dramatic rise of such cases] is likely due to the equally sudden rise of a radical new ideology—gender ideology—which is a set of beliefs asserting that whether someone is a man/boy or woman/girl is entirely rooted in one’s subjective “gender identity” as opposed to one’s objective biological sex. In practice, “gender identity” reflects an individual’s affinity to, or rejection of, masculine and/or feminine stereotypes.

This truly radical reconceptualization of what it means to be a man, woman, boy, or girl, does not come without equally radical and harmful consequences. The harm results from the fact that the completely natural and common tendency of some individuals of each sex to exhibit gender nonconforming personalities and behavior is now being incorrectly interpreted as being transgender—a psychological condition that requires treatment.

The current standard of care is called “gender-affirming therapy,” which is the practice of immediately accepting and accommodating a child’s new identity without question or exploration of causal factors. Initially this often means participating in the child’s social transition, which can involve calling the child by a new name, using new pronouns, and allowing them access to spaces (e.g. bathrooms) that “match” their claimed identity. Following social transition, the next step often involves taking puberty blockers to halt further body development, and then cross-sex hormones and surgical interventions such as double mastectomies (removal of breasts) in girls, or orchiectomies (removal of testicles) in boys.

[More . . . .]

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Journalist Amanda Ripley Avoids the News

Journalist Amanda Ripley has a "secret." She avoids reading the news. Here article is titled: "I stopped reading the news. Is the problem me — or the product?"

Why are people avoiding the news? It’s repetitive and dispiriting, often of dubious credibility, and it leaves people feeling powerless, according to the survey. The evidence supports their decision to pull back. It turns out that the more news we consume about mass-casualty events, such as shootings, the more we suffer. The more political news we ingest, the more mistakes we make about who we are. If the goal of journalism is to inform people, where is the evidence it is working? . . .

I found that there are three simple ingredients that are missing from the news as we know it. First, we need hope to get up in the morning. Researchers have found that hope is associated with lower levels of depression, chronic pain, sleeplessness and cancer, among many other things. Hopelessness, by contrast, is linked to anxiety, depression, post-traumatic stress disorder and … death. . . .

Second, humans need a sense of agency. “Agency” is not something most reporters think about, probably because, in their jobs, they have it. But feeling like you and your fellow humans can do something — even something small — is how we convert anger into action, frustration into invention. That self-efficacy is essential to any functioning democracy. . . .

Finally, we need dignity. This is also not something most reporters think about, in my experience. Which is odd, because it is integral to understanding why people do what they do.

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Why it is Irresponsible to Claim that Failing to Affirm Young Adults Who Seek Transgender Treatment Causes Suicide

When I have questioned the allegedly urgent need for thousands of teenagers to permanently alter their bodies through surgery and to become lifelong sterile hormone-injecting patients, I have heard this response: "They need to be affirmed or else they will commit suicide." It has always struck me as a bizarre argument, in that this simplistic approach urges that therapists cease acting as real-life therapists (by ignoring alternate potential causes for the "transgender" issues) and that these therapists serve merely as rubber stamps. Equally strange, many of those who dare to question the trans narrative have been shut down and fired. See here and here and here. Trans Right Activists (TRA's) proudly violate the sage advice of John Stuart Mill and Karl Popper, who urge us to vigorously question all claims. They also violate Jonathan Rauch's critically important advice from his excellent book, The Constitution of Knowledge (these excerpts at pp 88-89):

[L]iberal science’s distinctive qualities derive from two core rules, and that any public conversation which obeys those two rules will display the distinguishing characteristics of liberal science. The rules are

  1. The fallibilist rule: Ho one gets the final say. You may claim that a statement is established as knowledge only if it can be debunked, in principle, and only insofar as it withstands attempts to debunk it. That is, you are entitled to claim that a statement is objectively true only insofar as it is both checkable and has stood up to checking, and not otherwise. In practice, of course, determining whether a particular statement stands up to checking is sometimes hard, and we have to argue about it. But what counts is the way the rule directs us to behave: you must assume your own and everyone else’s fallibility and you must hunt for your own and others’ errors, even if you are confident you are right. Otherwise, you are not reality-based, [and]
  2. The empirical rule: No one has personal authority. You may claim that a statement has been established as knowledge only insofar as the method used to check it gives the same result regardless of the identity of the checker, and regardless of the source of the statement. Whatever you do to check a proposition must be something that anyone can do, at least in principle, and get the same result. Also, no one proposing a hypothesis gets a free pass simply because of who she is or what group she belongs to. Who you are does not count; the rules apply to everybody and persons are interchangeable. If your method is valid only for you or your affinity group or people who believe as you do, then you are not reality-based.

Leor Sapir has examined this alleged connection between denial of affirmative care and suicide. Here is an excerpt from his article, "Pediatric Gender Medicine and the Moral Panic Over Suicide Hyperbolic rhetoric about suicide rates may do more to increase suicide than prevent it":

The affirm-or-suicide mantra has become the central strategy of contemporary transgender activism, and at times it would seem that activists have little else in their rhetorical arsenal. Federal courts have used it to impose new policies on schools under Title IX. When Florida passed the Parental Rights in Education Act—a law that limits classroom discussion of gender identity and sexual orientation to “age appropriate” circumstances and that requires schools to notify parents when their children are being “socially transitioned” to the opposite gender—Secretary of Transportation Pete Buttigieg agreed with his husband Chasten that it would “kill kids.” Florida’s law was in response to, among other things, books like Gender Queer: A Memoir, which contains graphic depictions of oral sex, appearing on school library shelves. The book’s “non-binary” author, Maia Kobabe, countered that her book’s presence in libraries was “life-saving.”

A few weeks later, transgender Assistant Secretary for Health and Human Services Rachel Levine used the same word to justify the federal government’s support for “gender affirming” interventions. Neither Levine nor President Biden, who has given his own imprimatur to the controversial practice, seemed to care much that Europe’s most progressive welfare states have been moving in the opposite direction, placing strict limitations on the use of puberty blockers to treat adolescents in distress presumably because of their “gender.” Scandinavians are not indifferent to teen suicide. Rather, they have examined the evidence behind the affirm-or-suicide claim and have found it wanting.

Despite the unwaveringly confident manner in which these claims are often asserted, there is no good evidence that failing to “affirm” minors in their “gender identity” will increase the likelihood of them committing suicide. As I discuss below, that claim is based on a small handful of deeply flawed studies that, at most, find loose correlations between “affirming” interventions and improved mental health. Some find no reduction of suicide at all, and a new study claims to find that puberty blockers actually increase the risk of suicide.

Not only is the empirical basis for the affirm-or-suicide mantra shoddy at best, but its dissemination is also profoundly irresponsible. Such extreme rhetoric limits our ability to better understand and respond to mental health problems in vulnerable youth, and may itself contribute to the real and documented phenomenon of “suicide contagion.”

What is wrong with the studies upon which activists rely to claim that failing to affirm will cause suicide?

Firstly, surveys of TIY suicidality rely on self-report and do very little to vet respondents when they say they “attempted” suicide. Secondly, studies purporting to show that TIY are at elevated risk of suicide tend to compare suicide rates in TIY with rates in non-TIY—a deeply misleading comparison. This is because TYI, especially among the new clinical cohort of “rapid onset gender dysphoria” (ROGD) teenagers, exhibit extraordinarily high rates of mental health problems (psychological co-morbidities) quite apart from their gender-related distress.

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