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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America’s Crumbling Institutions and Their Discontents

America's Institutions are crumbling. We can see it all around us, according to this recent Gallop poll:

Jonathan Haidt comments on one of the main causes of institutional decay: The failure of institutions to nurture and encourage free and vigorous speech resulting in the lack of viewpoint diversity:

America’s institutions were once strong, he says.

“By the mid to late 20th century, America had the best epistemic institutions in the world, epistemic meaning institutions that generate knowledge, like universities, research institutes, intelligence agencies.

“Social media comes in and makes us afraid of dissent. Because if you tell a joke, if you raise a question, if you even so much as tweet, a link to a study, an academic study, that questions an orthodoxy about race, or gender, you can be fired for that.

“When critics go silent, the institution gets stupid.”

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Bari Weiss Invites All of Us to Become “Founders”

Bari Weiss is one of my heroes. She was forced off the staff of New York Times a few years ago because she refused to be muzzled on important issues of the day. She is now building her own media institution. I don't agree with her on everything, but I do see eye to eye with her on most of the topics of this podcast, an address she recently gave to a brand new college. One of her themes is that we need to bravely tell the truth, even when it causes people to dislike us. Even when they call us names. And we should never feel compelled to say things we don't believe to placate the mob. She invites each of us to avoid cynicism and to become "Founders."

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FIRE’s Expanded Mission

FIRE's new billboards:

FIRE is now the Foundation for Individual Rights and Expression, reflecting its newly expanded mission. Defending free speech in schools is still critically important, but the new mission has been expanded.

June 8, 2022 Statement by Greg Lukianoff, FIRE's President and CEO:

Today, the Foundation for Individual Rights in Educationbecomes the Foundation for Individual Rights and Expression.

America’s leading defender of free speech, due process, and academic freedom in higher education is expanding its free speech mission beyond campus. The $75 million expansion initiative will focus on three main areas of programming: litigation, public education, and research.

“America needs a new nonpartisan defender of free speech that will advocate unapologetically for this fundamental human right in both the court of law and the court of public opinion,” said FIRE President & CEO Greg Lukianoff. “FIRE has a proven track record of defeating censorship on campus. We are excited to now bring that same tireless advocacy to fighting censorship off campus.”

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Gettysburg Address and Lincoln Bust Woke-Washed at Cornell University

A Cornell University Library has removed a display containing a copy of the Gettysburg Address and a bust of Abraham Lincoln from its library based "on a complaint."

A bust of President Abraham Lincoln and a plaque of the Gettysburg address have been removed from a Cornell University library.

"Someone complained, and it was gone," Cornell biology professor Randy Wayne told the College Fix of the matter.

The bust of Lincoln and the bronzed plaque of the former president’s historic 1863 address had been in the Kroch Library, where the university’s Division of Rare and Manuscript Collections is located, since 2013.

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