Biden’s Giant Leap Backward on Title IX

Here is an excerpt from a new article on the common sense changes to Title IX that occurred under the Trump Administration that are being reversed by the Biden Administration.  This article is titled: "Biden's Sex Police: The White Houses's new regulations will gut due-process rights for college students accused of sexual misconduct." It appears at Bari Weiss' excellent Substack, Common Sense.

The new rules recommend a return to a “single investigator” model that was barred under the DeVos reform. This means one administrator can act as detective, prosecutor, judge, and jury on a Title IX complaint. The new rules also undo many of the procedural protections for the accused—including the right to see all the evidence, inculpatory and exculpatory, gathered against him. “It’s an evisceration of the procedural protections given to the accused,” says historian KC Johnson, co-author of The Campus Rape Frenzy: The Attack on Due Process at America’s Universities.

Under the DeVos rules, adjudication of a formal complaint required a live hearing be held that included cross examination. The Biden administration lifts this obligation. The Biden rules also call for a return to investigations initiated by third parties, even if based on rumors or misunderstandings, in which male students can be subjected to Title IX proceedings over the objection of their female partners. (Robby Soave at Reason has a good summary of the Biden proposals.)

“It’s a document that validates all of the concerns we had about due process and free speech being on the chopping block,” says Joe Cohn, legislative and policy director at The Foundation for Individual Rights and Expression. He adds that the administration is giving schools the blessing of the Department of Education “to cut many corners that are essential for fundamental fairness.”

As vice president, Biden made clear that campuses were just the first stop in an effort to remake throughout society how males and females interact. He said in a 2015 speech at Syracuse University about sexual misconduct, “We need a fundamental change in our culture. And the quickest place to change culture is to change it on the campuses of America.”

[More . . . ]

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Citing Accurate Statistics Can be Harmful to Your Career: The Cases of Zac Kriegman and Roland Fryer

Zac Kriegman lost his job at Thomson Reuters for the sin of doing his job well.  Citing accurate statistics collided with the prevailing Black Lives Matter narrative regarding the extent of police violence against unarmed blacks.  Unfortunate for his career, Kriegman also concluded that the Ferguson Effect stemming from the BLM protests and riots has resulted in the deaths of thousands of black men.

[Please assume that wherever I use the terms "black" or "white" that I am using these terms in scare quotes.  I am asking readers to make this assumption because I am convinced that concept of "race" is illusory and pernicious and should be eliminated from all discourse. I am quite aware that people come in various shapes and shades of skin color, but none of this is evidence supporting a belief in "race."  I have been convinced that this is the proper course based on writings of Sheena Mason, Thomas Chatterton Williams, Zuby (and see here), Kmele Foster, Coleman Hughes, Angel Eduardo and Inaya Folarin Iman.  In an earlier post, I characterized the belief in "race" to be as absurd as the belief in astrology.]

What follows is an excerpt from Kriegman's article at Common Sense, "I Criticized BLM. Then I Was Fired: The data about police shootings just didn't add up, but no one at Thomson Reuters wanted to hear it.":

I had been following the academic research on BLM for years (for example, here, here, here and here), and I had come to the conclusion that the claim upon which the whole movement rested—that police more readily shoot black people—was false.

The data was unequivocal. It showed that, if anything, police were slightly less likely to use lethal force against black suspects than white ones.

Statistics from the most complete database of police shootings (compiled by The Washington Post) indicate that, over the last five years, police have fatally shot 39 percent more unarmed whites than blacks. Because there are roughly six times as many white Americans as black Americans, that figure should be closer to 600 percent, BLM activists (and their allies in legacy media) insist. The fact that it’s not—that there’s more than a 500-percentage point gap between reality and expectation—is, they say, evidence of the bias of police departments across the United States.

Continue ReadingCiting Accurate Statistics Can be Harmful to Your Career: The Cases of Zac Kriegman and Roland Fryer

Biden’s Department of Education Attempts to Deploy Third-World Title IX Regulations in American Colleges

From FIRE:

Today, the Department of Education proposed new Title IX regulations that, if implemented, would gut essential free speech and due process rights for college students facing sexual misconduct allegations on campus. As required by federal law, the department must now solicit public feedback before the pending rules are finalized.

The draft regulations are a significant departure from current Title IX regulations. Unlike the current regulations, adopted in 2020 after 18 months of review, the new regulations would roll back student rights by:

  • eliminating students’ right to a live hearings
  • eliminating the right to cross-examination;
  • weakening students’ right to active legal representation;
  • allowing a single campus bureaucrat to serve as judge and jury;
  • rejecting the Supreme Court’s definition of sexual harassment in favor of a definition that threatens free speech rights;
  • requiring colleges and universities to use the weak “preponderance of the evidence” standard to determine guilt, unless they use a higher standard for other alleged misconduct.
  • These changes authorize or require institutions to violate fundamental student and faculty civil liberties.

The Foundation for Individual Rights and Expression will submit its formal objections to the proposed changes in the coming weeks. Moreover, FIRE is committed to using all the resources at its disposal to ensure that core American freedoms, such as a student’s rights to free speech and due process, are not abandoned by the federal government.

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Children Expelled from Elite Private School Because Parents Believe in the Existence of Boys and Girls

Leighton Woodhouse Reports at Common Sense. Here's an excerpt:

“Today was the last day of school for your children, Charlotte and Carter,” Dinh informed the couple. The Sinclairs—she’s 37; he’s 51—had been driving home from a vacation to celebrate their anniversary. Dinh appeared to be reading a script. Two MCDS board members joined her on the call but stayed quiet. “Please do not contact any other school employees, particularly Charlotte and Carter’s teachers, as your reaching out to them will cause them further stress,” Dinh continued. “The two of you are not to be on campus again.”

It was the closing act of a year-long drama between the Sinclairs and MCDS, which charges $40,000 per student per year and had been teaching first and second graders about “deconstructing the gender binary”—the idea that there’s no such thing as girls or boys, just a spectrum of relative girlness and boyness.

One more excerpt:

(Several parents I reached out to indicated that they wanted to talk but were scared. One father said he’d call me from a pay phone, if only there were pay phones.)

Parents started to hear about weird classroom exercises designed to force the seven- and eight-year-olds to decide how they identified: They were asked which gender they “felt like.” Or to pick the pronoun that seemed right to them. Or to say which toys seemed more like boy toys or girl toys.

Continue ReadingChildren Expelled from Elite Private School Because Parents Believe in the Existence of Boys and Girls