Originally posted by Robtard
WTF are you on about with Title IX here? "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance." -Title IXAnyhow, rape allegation was had, school had to react in some fashion and they did. Now the guy is suing and if he's not a rapist, he can both sue the woman and the school for rather large sums of money (mainly the school there). But sure, Social Justice Warriors caused this or something.
Essentially, avoiding a Title IX lawsuit is how universities craft their policy.
I just posted in "Triggered" about a judge who was recorded, by a lawyer, demanding bribes to the tune of 100,000 dollars, USD.
He was suspended with pay. He was recorded, and suspended with pay.
So say a University gets an allegation about sexual abuse. No proof, just an allegation. They allow the defendant to continue taking classes, while they investigate.
That's a Title XI IX violation. The university didn't do enough to protect a protected class, evidence be damned.
Now, maybe one's OK with that, honestly I could see acting first to protect someone, even if it steps on someone elses toes, but that's not really my point.
Violating Title XI has consequences. Causing injury to someone in pursuit of that goal does not.
If all the university cares about is covering their rear from lawsuits, they'll err on the side that doesn't have a federal agency watchdog group behind it. Every single time.
I'm not commenting whether that's good or bad, but that's just what it is. Just like the Health Department is considered a public good, even though everyone knows they sometimes go too far, or employ people who like throwing their weight around, because they can.
Originally posted by Robtard
I fail to see what a rape allegation has with Title IX. The school reacted (and yes, maybe too quickly without further inquiry) to a crime allegation.
Hah, for all my talk, I'm not a lawyer. You may be right here. 🙂
Women ARE considered a protected class, but I'm not certain if this falls under Title XI.
Allright, here's what the relevent agencies website has to say:
https://ww2.aauw.org/donate-gift-new/
Although sexual harassment and sexual violence can happen to anyone, university and college women are disproportionately affected, impeding their safety, comfort, access to education, and ability to participate in campus life. Both sexual harassment and sexual violence are forms of sex discrimination covered under Title IX. The law protects students from sexual harassment and violence that occur in the course of a school’s education programs and activities. Once a school knows of or reasonably should have known about sexual harassment or sexual assault on campus, Title IX requires the school to promptly investigate the complaint and take steps to protect its students.If you have faced sexual harassment or sexual violence, you can file an internal complaint with your school, and your school can take steps to prevent further harassment. Those steps could include changing your class schedule, prohibiting the perpetrator from contacting you, or even taking disciplinary action against the perpetrator. If you believe your school has failed to investigate complaints or protect its students, you can also file a complaint with the U.S. Department of Education’s Office for Civil Rights (OCR), the federal government agency charged with enforcing Title IX.
So, it looks like when I was talking out of my butt, I was right: Colleges CAN be sued in violation of Title XI, if they haven't "done enough" (Which is up to interpretation by the agency, and not by strict law.)
The language makes this pretty clear.
Originally posted by cdtm
Hah, for all my talk, I'm not a lawyer. You may be right here. 🙂Women ARE considered a protected class, but I'm not certain if this falls under Title XI.
Remember one of Obama's "Dear Colleague" letters? It changed things.
Under title IX men on campuses have been railroaded. Many have spoken about this in the past I've also posted about it here before when it comes to title IX abuses.
https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html
Originally posted by cdtm
Allright, here's what the relevent agencies website has to say:https://ww2.aauw.org/donate-gift-new/
So, it looks like when I was talking out of my butt, I was right: Colleges CAN be sued in violation of Title XI, if they haven't "done enough" (Which is up to interpretation by the agency, and not by strict law.)
The language makes this pretty clear.
I'm still missing the Title IX connection. Pre 1972 if a school failed to protect its students the school could be held liable as well, be it from harassment, assault or rape, as you're under the school's protection while under its roof.
Originally posted by Robtard
I'm still missing the Title IX connection. Pre 1972 if a school failed to protect its students the school could be held liable as well, be it from harassment, assault or rape, as you're under the school's protection while under its roof.
Although sexual harassment and sexual violence can happen to anyone, university and college women are disproportionately affected, impeding their safety, comfort, access to education, and ability to participate in campus life. Both sexual harassment and sexual violence are forms of sex discrimination covered under Title IX
The way I read it, if harassment is covered under Title XI, it stands to reason they have their own standards of what harassment is.
So, a criminal investigation can find someone cleared, but a university can STILL be found in violation of not doing enough to satisfy Title XI requirements (Even if the criminal system is satisfied.)
Originally posted by cdtm
The way I read it, if harassment is covered under Title XI, it stands to reason they have their own standards of what harassment is.So, a criminal investigation can find someone cleared, but a university can STILL be found in violation of not doing enough to satisfy Title XI requirements (Even if the criminal system is satisfied.)
Yep the burden of proof is much less than it would normally be. Hell only recently they made it so the accused could question the accuser.
See my other response to you above about the Obama letter also.