Category Archive 'Title IX'

24 Jan 2018

Yale Let Accusers Text Each Other to Coordinate Testimony Against Male During Title IX Hearing

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When, back in 2011, Obama Justice Department Assistant Secretary for Civil Rights Russlynn Ali sent her infamous “Dear Colleagues” letter to essentially every college and university in the land advising them of her department’s intent to expand Title IX to require what amounts to permanent sexual harassment witch-hunting in order to protect women from any potential “hostile environment,” and requiring them to apply the preponderance of the evidence standard to adjudicating complaints instead of the beyond a reasonable doubt standard normally used in criminal cases.

Yale’s leftist Salovey regime eagerly embraced Russlynn Ali’s radical agenda and the chickens are now inevitably coming home to roost, as one lawsuit after another from male students victimized by the new kangaroo court processes start piling up.

The College Fix posted some gory details from one current suit that Yale obviously deserves to lose.

The suit describes how Doe learned that Jane and Sally (the “complainants”) appeared to have coordinated their testimony:

    As the hearing progressed, John Doe’s advisor heard one of the complainants make a statement identical to the complainant who had just been before the panel, even referencing what her friend had just said. John Doe’s advisor sent a text to the UWC Coordinator to ask if the two complainants had been allowed to listen to each other’s testimony throughout the hearing.

The secretary of the UWC later confirmed that both Sally and Jane could hear the entire proceeding live, and the UWC’s counsel said the committee didn’t have to follow “proper protocol with regard to sequestering witnesses” because Doe asked for a single hearing panel to hear both complaints, according to the suit:

    Allowing the complainants to reference each other’s statements to the hearing panel to influence and further support her own individual complaint was prejudicial, denying the panel and later the decision maker the opportunity to adjudicate the charges against John Doe in a fair and impartial manner.

When Doe asked the hearing panel to query Sally about whether she had “exchanged any text messages” with Jane during the hearing, after a “long hesitation” she admitted to it. The suit claims that Sally’s texts revealed that her statements to the panel were “untrue” about the nature of their texts.

Yet the texts that the hearing panel asked Sally and Jane to turn over might not have been their full conversation, because those texts also alluded to Snapchat messages that morning “that could not be retrieved.”

Yale refused to declare a “mistrial” based on this coordination between Sally and Jane, requiring Doe to give the panel “evidence from the text messages to support his assertion of collusion by the complainants,” the suit says.

RTWT

04 Dec 2014

Sexual Misconduct Witch Hunt Recently Concluded at Yale Without a Hanging

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HeSaidSheSaid

Last year, a Yale student couple broke up during Spring Break. A few days later, the girl texted her former boyfriend, informing him she was drunk, inviting him to her room, and telling him: “Don’t let me try to seduce you though, because that is a distinct possibility.”

Sex ensued (of course). And, over a year later, upon returning to Yale after taking a year off, the young lady filed a complaint with the University accusing her former boyfriend of rape. He had taken advantage, she said, of her being drunk, and seeing him around campus made her “want to cry or vomit.”

Representatives of all sorts of new University bureaucracies, the University-Wide Committee on Sexual Misconduct (UWC), the Sexual Harassment and Assault Response & Education Center (SHARE), the Title IX coordinator, sprang into action and worked on the matter for months.

After initiating formal procedures and supplying the complainant with her former boyfriend’s class schedule (so that she could avoid seeing him and therefore crying or throwing up), an independent fact-finder was hired. The two parties were interviewed four times along with some witnesses to the young lady’s drinking on the night in question. Statements were exchanged. All the majesty of Yale marched up to the top of the hill and then down again, and a 3-and-1/2 hour hearing was finally conducted, with all the technical facilities and formality of a Nuremburg war crimes trial.

As the result of the hearing, a faculty panel voted and wrote a report, concluding (reasonably enough) that “the preponderance of the evidence” proved that the male student had not violated university policy by taking advantage of the young lady while she was incapacitated. They then formally advised the two young people to avoid one another.

It appears that, in the end, it all came out alright, since the panel’s report was confirmed by the Dean of Yale College, and the complainant decided to forgo appealing the decision.

Original Yale Daily News story of November 7.

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Ruth Marcus, at the Washington Post, thought that this incident should alarm everyone.

This seems the just outcome, but one that, given the low “preponderance of evidence” standard of proof and Yale’s stringent consent rules, could have gone the other way.

And at what a traumatic cost. To a young woman who sincerely believes she has been raped but seems, at least from afar, to have been pushed by the prevailing culture into viewing a bad choice as a quasi-criminal event. To a young man who lived under the shadow of accusation and expulsion.

This is a cautionary tale about a still-evolving, still-uneasy balance in dealing with sexual assault on campus. The Yale episode demonstrates: Parents of boys should be every bit as nervous as parents of girls about what can happen to the not-quite-adults they send off to college.

Hat tip to Maggie Gallagher.

05 Feb 2012

Yale Witch Hunting Gets Covered By the Times

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Patrick Witt

The original story seemed straight out of Owen Johnson or Burt L. Standish‘s school stories: Yale’s record-breaking quarterback forced to choose between the interview that could win him a Rhodes Scholarship and playing for Yale against Harvard in The Game, turns his back on dreams of Oxford and dons his uniform to take the field for dear old Yale.

The denouement in which Harvard proceeded to crush the Bulldogs 45-7 seemed a sufficiently inglorious return to ordinary reality, but the Kindly Ones were not finished with Patrick Witt and Yale.

The New York Slimes, last week, published a story based on information from anonymous sources (apparently from within the administration of Yale itself), flagrantly violating that institution’s confidentiality policies, alleging that Witt’s Rhodes application had been compromised by an “informal” sexual assault charge made against Witt in September by another student. The article went on to detail a couple of minor brushes with the law on the Yale senior’s record, hinting darkly at a pattern of criminality on the part of the Yale senior.

The New York Times’ decision to destroy a college senior’s personal reputation by elevating an anonymous allegation, unsupported by any evidence and purveyed by a secondary layer of anonymous sources, to national news provoked both astonishment from ESPN and well-deserved indignation from the Wall Street Journal.

What the Times’ smear article really represents is a shocking case of toxic spillover from the radical left-wing head of the Obama Administration’s Department of Education Office for Civil Rights (OCR), Russlyn Ali‘s personal campaign to reinvigorate Title IX Anti-Discrimination enforcement on American campuses.

Her approach amounted to nothing less than arm-twisting university administrations to participate in a federally-required witch hunt against “sexual harassment,” with sexual harassment defined in the broadest possible terms to include “verbal, nonverbal, or physical conduct” in any fashion connected with sex which is “unwelcome” to someone or anyone, and asserting that harassing conduct in general may create “a hostile environment” anytime the conduct is deemed “sufficiently serious” as to interfere with some student’s ability to participate in or benefit from the school’s program.

Russlyn Ali’s notorious “Dear Colleague” letter of 4 April 2011 essentially mandates new grievance procedures, processes, and tribunals, specifically reduces standards of proof, and threatens “appropriate remedies” for noncompliance including both withdrawal of all forms of federal funding and assistance and lawsuits by the Justice Department.

The Obama Administration’s Education Department mandates on-campus inquisitions into a supposititious pattern of nation-wide victimization of female students by sexual harassment and assault. Patrick Witt, a white male member of Yale’s Delta Kappa Epsilon fraternity, ideally fits the favored profile stereotype of male harassers and assaulters. These days, a politically incorrect smart remark or an unwelcome date request can be construed as a punishable offense. Who knows who accused Witt of exactly what or why? We can, I think, tell that the charge did not rise to what we usually think of as a crime since no police complaint was made. He hasn’t been arrested or charged with any crime. The assault the Times reported was clearly one of the notional assaults prosecutable only in the kind of jurisdictions, like our university campuses, successfully annexed by the radical left, where justice consists of whatever Russlyn Ali says it is.

25 May 2011

Russlynn Ali and Title IX

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Russlynn Haneefa Ali, Assistant Secretary of Education

NPR rejoices in the occupancy of the Assistant Secretary of the U.S. Education Department’s Office for Civil Rights by Russlynn Haneefa Ali, a first generation American, raised by a single mother from Trinidad, who is thoroughly committed to a philosophy that holds that inequality of results is immoral and intolerable and requires vigorous correction through an aggressive agenda of coercive federal social engineering.

Russlynn Ali, the youthful, curly-haired assistant secretary of the U.S. Education Department’s Office for Civil Rights, oversees the enforcement of all anti-discrimination laws related to education. With broad jurisdiction that includes admissions and recruitment, student discipline, as well as classroom assignment and grading, she investigates schools and districts nationwide to ensure equitable conduct across race, gender, national origin and disability.

It’s the same perch once occupied in 1982 by conservative Supreme Court Justice Clarence Thomas. But over the past two years Ali, 40, has elevated the office’s work to new heights.

While previous OCR leaders have relied on filed complaints to launch probes, Ali has proactively opened 60 investigations based on the agency’s own research. That’s in addition to nearly 7,000 complaints recorded last year, the most in Education Department history. Of the thousands of cases handled in the first year under the Obama administration, resolution agreements increased by 11 percent. Voluntary resolutions, in which schools made sufficient changes without additional prodding, jumped 32 percent.

“My sense of urgency could not be greater,” Ali says in her raspy voice, punctuating each word with insistent hand motions over her office’s mahogany conference table. “We’re talking about questions of fundamental fairness.”

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Here is a video of Russlynn Ali addressing the Sankofa Project on gender equity and Title IX.

Ms. Ali describes the 1972 passage the 36-word Title IX amendment as “one of the most effective and profound Civil Rights laws in American History… One of the greatest Civil Rights accomplishments of the last 30 years. ”

“There’s been a great slippage in Title IX… We came so far from 1972 to 1980, then we started slipping. Then we picked back up in the early ’90s, but then by 2000 we started slipping badly… And I made a commitment… I promise you no more slippage. Not while Barack Obama is President of the United States, and not while Arne Duncan is Secretary of Education, and not while Russlynn Ali is the Assistant Secretary of Education.”

The Yale DKE business represents Russlynn Ali’s attempt to revive Title IX aggression on the liberties of Americans and the autonomy of American colleges and universities in the name of radical egalitarianism.

16 Apr 2011

Letter From the President of Yale

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Yesterday, Yale alumni received from Richard Levin, Yale’s smarmy and unctuous current president, the following letter connected with the Title IX Civil Rights complaint made by 16 students and alumni associated with the Yale Womens’ Center.

April 15, 2011

Dear Graduates and Friends of Yale,

As you may know, Yale was recently informed by the Office of Civil Rights of the U.S. Department of Education that it will be investigating a complaint made by a group of current students and graduates alleging that the University is in violation of Title IX of the Higher Education Act. Title IX mandates that no one be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any federally supported education program on the basis of sex. We have not yet received a copy of the complaint, and the notification from the Office of Civil Rights does not provide details. We believe that the investigation will focus on Yale’s policies and practices concerning sexual harassment and misconduct.

It is imperative that the climate at Yale be free of sexual harassment and misconduct of any kind. The well being of our students and the entire community requires this. Should transgressions occur, they must be addressed expeditiously and appropriately.

We will cooperate fully with the Office of Civil Rights in their investigation, but the Officers, the Dean of Yale College, and I believe that we should not await the investigation before asking ourselves how we might improve the policies, practices, and procedures intended to protect members of our community. I write to describe some of the measures we are taking immediately.

I have appointed an external Advisory Committee on Campus Climate, chaired by Margaret H. Marshall ‘76JD, the former Chief Justice of the Supreme Judicial Court of Massachusetts and a former Fellow of the Yale Corporation [famous for contriving to have heard, and writing the infamous opinion in, Goodridge v. Dept. of Public Health which produced the ruling that the Commonwealth of Massachusett’s 1780 Constitution, adopted at a time in which sodomy was a capital offense, required Massachusetts to recognize Gay Marriage –JDZ]. The other members of the Committee are Seth P. Waxman ‘77JD, former Solicitor General of the United States and a partner at WilmerHale LLP; Kimberly Goff-Crews ‘83BA, ‘86JD, Vice President for Campus Life and Dean of Students at the University of Chicago; and Elizabeth (Libby) Smiley ’02BA, former president of the Yale College Council and a director at Barbary Coast Consulting in San Francisco.

I have asked the Committee for advice about how sexual harassment, violence or misconduct may be more effectively combated at Yale, and what additional steps the University might take to create a culture and community in which all of our students are safe and feel well supported. The Committee will spend time listening to members of our community about the situation as they live it and will make its own assessments. We have policies in place, and a number of recommendations developed during the last year are being implemented. Nevertheless, I am confident that there is more that we can do, and I am grateful to the members of the panel for contributing their time and wise counsel.

The Committee will advise me directly, and I will review its recommendations with the Yale Corporation after the report is completed early in the fall semester. After review by the Corporation, the Committee’s recommendations will be made public.

Even as the Committee does its work, I want to take advantage of the remaining weeks of this semester to ensure that student concerns are heard directly by the senior leadership of the University. I am grateful to the Women’s Center for initiating this week a series of dinners with students and administrators. Following this lead, I have asked senior administrators to join with masters and deans over a meal in every college dining hall and in Commons in Reading Period, during the days following Spring Fling when classes do not meet, and when I hope students will take the time to engage in a conversation about the campus climate and our policies governing sexual misconduct. These will be informal opportunities to engage with Deans Mary Miller and Marichal Gentry, Provost Peter Salovey, and Vice President Linda Lorimer, along with your master or dean. I have asked the Provost, Vice President, and Deans to report back to me on the suggestions for improvement that they receive and to share what they have learned with the external Committee as well.

I have also asked the Deans of the Graduate and Professional Schools to ensure that similar conversations occur in each school.

The deepest values of our institution compel us to take very seriously the issues raised by the complaint brought to the Office of Civil Rights. We welcome this opportunity to learn from our community and from best practices elsewhere to protect all who study and work here.

Those deepest values being sanctimony, cant, and conformity to fashion.

Glenn Reynolds (another Yale alumnus) observed with justifiable disgust:

[Y]ou used to be able to punish the sort of behavior complained of here on the ground that it violated general principles of decency and acceptable public behavior. But after a half-century or so of attacking even the notion of general principles of decency and acceptable public behavior — especially where sex is concerned! — that doesn’t work.

Universities have long told the larger culture that it must simply put up with whatever is said, however offensive, in the interest of free expression. Now we see more evidence that that was always a lie, a self-serving cover story that was really meant simply to protect speech that the larger culture didn’t want to hear, with no intention to protect speech that people at universities don’t want to hear. Universities, meanwhile, have become some of the most hostile environments for free speech anywhere in America.

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05 Mar 2008

Equality Enforced With a Hammer

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Title IX of the Education Amendments of 1972 (passed when liberal Republican Richard Nixon was president, just wait until you see what John McCain doesn’t veto) wound up being interpreted by the Department of Education as requiring colleges and universities to provide “athletic opportunities that are substantially proportionate to the student enrollment,” i.e. a sexual quota.

Since there was inevitably less female participation in athletics, the only way the required “substantial proportionality” could be achieved was pouring money and recruiting effort into female sports while actively reducing male participation. Colleges consequently often, in deference to Title IX, deliberately eliminated lesser (non-profit center) male sports, such as wrestling, swimming, fencing, gymnastics, and volleyball.

Christina Hoff Summers explains that coercive egalitarianism’s new objective is the sciences.

The problem:

Math 55 is advertised in the Harvard catalog as “prob­ably the most difficult undergraduate math class in the country.” It is leg­endary among high school math prodigies, who hear terrifying stories about it in their computer camps and at the Math Olympiads. Some go to Harvard just to have the opportunity to enroll in it. Its formal title is “Honors Advanced Calculus and Linear Algebra,” but it is also known as “math boot camp” and “a cult.” The two-semester fresh­man course meets for three hours a week, but, as the catalog says, homework for the class takes between 24 and 60 hours a week.

Math 55 does not look like America. Each year as many as 50 students sign up, but at least half drop out within a few weeks. As one former student told The Crimson newspaper in 2006, “We had 51 students the first day, 31 students the second day, 24 for the next four days, 23 for two more weeks, and then 21 for the rest of the first semester.” Said another student, “I guess you can say it’s an episode of ‘Survivor’ with people voting themselves off.” The final class roster, according to The Crimson: “45 percent Jewish, 18 percent Asian, 100 percent male.”

Why do women avoid classes like Math 55? Why, in fact, are there so few women in the high echelons of academic math and in the physi­cal sciences?

Women now earn 57 percent of bachelors degrees and 59 percent of masters degrees. According to the Survey of Earned Doctorates, 2006 was the fifth year in a row in which the majority of research Ph.D.’s awarded to U.S. citizens went to women. Women earn more Ph.D.’s than men in the humanities, social sciences, education, and life sciences. Women now serve as presidents of Harvard, MIT, Princeton, the University of Pennsylvania, and other leading research universities. But elsewhere, the figures are different. Women comprise just 19 percent of tenure-track professors in math, 11 percent in physics, 10 percent in computer science, and 10 percent in electrical engineering. And the pipeline does not promise statistical parity any time soon: women are now earning 24 percent of the Ph.D.’s in the physical sciences—way up from the 4 percent of the 1960s, but still far behind the rate they are winning doctorates in other fields.

The solution:

“The change is glacial,” says Debra Rolison, a physical chemist at the Naval Research Laboratory.

Rolison, who describes herself as an “uppity woman,” has a solution. A popular anti–gender bias lecturer, she gives talks with titles like “Isn’t a Millennium of Affirmative Action for White Men Sufficient?” She wants to apply Title IX to science education. Title IX, the celebrated gender equity provision of the Education Amendments Act of 1972, has so far mainly been applied to college sports. But the measure is not limited to sports. It provides, “No person in the United States shall, on the basis of sex…be denied the benefits of…any education program or activity receiving federal financial assistance.” …

..in her enthusiasm for Title IX, Rolison is not alone.

On October 17, 2007, a subcommittee of the House Committee on Science and Technology convened to learn why women are “underrepresented” in academic professorships of science and engineering and to consider what the federal government should do about it.

As a rule, women tend to gravitate to fields such as education, English, psychology, biol­ogy, and art history, while men are much more numerous in physics, mathematics, computer science, and engineering. Why this is so is an interesting question—and the subject of a sub­stantial empirical literature. The research on gender and vocation is complex, vibrant, and full of reasonable disagreements; there is no single, simple answer.

There were, however, no disagreements at the congressional hearing. All five expert wit­nesses, and all five congressmen, Democrat and Republican, were in complete accord. They attributed the dearth of women in university science to a single cause: sexism. And there was no dispute about the solution. All agreed on the need for a revolutionary transformation of American science itself. “Ultimately,” said Kathie Olsen, deputy director of the National Science Foundation, “our goal is to transform, institution by institution, the entire culture of science and engineering in America, and to be inclusive of all—for the good of all.”

Representative Brian Baird, the Washington-state Democrat who chairs the Subcommittee on Research and Science Education, looked at the witnesses and the crowd of more than 100 highly appreciative activists from groups like the American Association of University Women and the National Women’s Law Center and asked, “What kind of hammer should we use?”

From Jim Bass via The Barrister.

15 Jan 2007

Students and Parents Do Not Cheer Coercive Egalitarianism

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Congress passed Title IX of the 1972 Education Amendments in an absent-minded moment of feel-good political correctness. Nobody, after all, wants little girls to be denied equal opportunities to participate in school athletic programs.

Of course, no one realized just where all this would eventually lead, or that the definition of “fairness” that wound up being applied would be that proposed by the craziest parent with the biggest chip on the shoulder.

NY Times:

Whitney Point is one of 14 high schools in the Binghamton area that began sending cheerleaders to girls’ games in late November, after the mother of a female basketball player in Johnson City, N.Y., filed a discrimination complaint with the United States Department of Education. She said the lack of official sideline support made the girls seem like second-string, and violated Title IX’s promise of equal playing fields for both sexes.

But the ruling has left many people here and across the New York region booing, as dozens of schools have chosen to stop sending cheerleaders to away games, as part of an effort to squeeze all the home girls’ games into the cheerleading schedule.

Boys’ basketball boosters say something is missing in the stands at away games, cheerleaders resent not being able to meet their rivals on the road, and even female basketball players being hurrahed are unhappy.

In Johnson City, students and parents say they have accepted the change even as they question the need for it.

Several cheerleaders there recalled a game two years ago, long before the complaint, when the squad decided at the last minute to cheer for the girls’ team because a boys’ game was canceled.

The cheers drowned out directions from the girls’ coach, frustrated the players, and created so much tension that the cheerleaders left before halftime.

“They asked, ‘Why are you here?’ ” recalled Joquina Spence, 18, a senior cheerleader. “We told them, ‘We’re here to support you,’ and it was a problem because they kept yelling at us.”

But, as the New York State Public High School Athletic Association warned in a letter to its 768 members in November, the education department determined that cheerleaders should be provided “regardless of whether the girls’ basketball teams wanted and/or asked for” them.

The ruling followed a similar one in September in the Philadelphia suburbs, and comes as high schools nationwide are redefining the role of cheerleaders in response to parental and legal pressures as well as growing sensitivity to sexism among athletic directors, especially as more women step into those roles.

Federal education officials would not specify how many Title IX complaints concerning cheerleading the Office for Civil Rights is investigating. But a spokesman said the department received 64 complaints nationwide last year concerning unequal levels of publicity given to girls’ and boys’ teams — which includes the issue of cheerleading — most from New York state. That compares with a total of 28 such complaints over the previous four years.


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