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Accountability Campus Civil Rights Department of Education Discrimination Investigations Law & Justice Legal Office for Civil Rights

Sex discrimination in Oklahoma higher education

by: Adam Kissel, October 22, 2020

The world record for filing U.S. Department of Education complaints is probably held by an advocate for special education. She has filed thousands of complaints about equal access to education for people with disabilities.

Her newest challenger is economist Mark J. Perry, a scholar at the American Enterprise Institute, who has filed hundreds of Title IX civil rights complaints about equal access on the basis of sex. He is winning, which often means ending unlawful discrimination against male students. Mr. Perry recently preserved civil rights at the University of Central Oklahoma, which had advertised that “the 2020 Computer Forensics Summer Academy is for high school female students. The application will be unavailable for male students.”

But sex discrimination need not be so blatant to be unlawful. In Teamsters v. United States in 1977, the U.S. Supreme Court noted that discrimination is not limited to direct signs that people will see (like “no boys allowed”) but can include “actual practices” such as how the opportunity is publicized and “recruitment techniques.”

It appears that many programs at Oklahoma colleges and universities are discriminatory and violate Title IX.

Not only might these programs violate federal law, but most of them might also violate the state constitutional provision against preferential treatment or discrimination in public education on the basis of sex.

At the University of Oklahoma (OU), for example, the Halliburton Women’s Welcome program explicitly excludes male students. This educational program provides “an opportunity to get a jumpstart on forming unique connections that will facilitate your success as an engineering or science student” and provides the benefit of “the opportunity to move into the residence halls early.” Under “WHO?” it specifies: “All WOMEN who: have been accepted to OU and will be starting classes in Summer or Fall 2020.” To be clear, OU put the word “WOMEN” in all caps and underlined it.

The restriction in that program is blatant. OU also holds a ONEOK Working Woman Workshop, which claims to be just for women: the mission of the workshop is to provide OU women engineering students “with professional and personal development opportunities that contribute to the preparation of students for career paths in industry and academia.” The name of the program and its mission both make it clear who is wanted and who is not.

OU also appears to discriminate against younger male students. Its Girls Learning and Applying Math and Science (GLAMS) program, to be held online on November 13, states that “Girls in their 6th, 7th or 8th grade year in the spring of this academic year should apply.” The program adds, “African American, Hispanic/Latino, American Indian/Alaskan Native and or First Generation students are strongly encouraged to apply; however, the program considers all applicants.” But boys are clearly unwanted. Photos of the program show 100% girls.

Additionally, OU holds an annual High School Girls Day sponsored by Shell, which similarly limits older boys from participating: “Current high school girls in the 9th, 10th, 11th and 12th grade in the spring of this academic year should apply.”

These four examples are just the beginning at OU and elsewhere.

At Oklahoma State University (OSU), in contrast to OU, the Society of Women Engineers (SWE) explicitly claims to “assist men and women in leadership and professional skills.” SWE holds SWE Day, a hands-on educational program to introduce “high school females” to the college of engineering, only for girls. SWE is primarily a club and does not necessarily represent OSU officially, so SWE Day may be more likely to fall afoul of campus nondiscrimination rules than become a Title IX case.

The University of Tulsa (TU) Department of Mathematics explicitly limits its Tulsa Girls’ Math Circle program “to girls from the Tulsa-area who are in 6th, 7th and 8th grades.” The program’s FAQ specifies that the program is for “Any intellectually curious and highly capable girl who is in grade 6 or above from any school in the Tulsa area.” Although TU is a private institution, it is bound by Title IX and equally in danger of losing federal funds if found to discriminate on the basis of sex.

TU also says it hosts girls (only) on campus for Tech Trek Tulsa, a weeklong program “for girls entering 8th grade.” This program appears, however, no longer to exist at TU. But TU also says it holds Sonia Kovalevsky Day, an annual “all day, all girls, all math” event that has continued into 2020. The partner organization, the Tulsa Regional STEM Alliance, might no longer partner with TU, since its website now says that the Alliance partners with Tulsa Community College (TCC) for this program.

TCC also runs the Mothers on a Mission program for students who are single mothers. This program provides “resources to empower single mothers through powerful speakers, peer collaboration, individual coaching, study help, and leadership training.” It appears that single fathers are not invited, although one line in the description refers to student-parents instead of mothers in particular.

Northeastern State University (NSU) offers a Girl Powered S.T.E.A.M. Workshop that is “centered around girls” ages 6–14. NSU says that “this is an initiative to educate girls in more S.T.E.A.M. areas.” Although the webpage says that “all are welcome,” the initiative is evidently only for girls of those ages, not boys.

Rogers State University (RSU) runs a Girls STEM Camp. Information online is thin, but it appears to be for girls only.

Not only might these programs violate federal law, but most of them might also violate the state constitutional provision against preferential treatment or discrimination in public education on the basis of sex. They also might violate the institutions’ own rules and policies against discrimination. Taking them together, one might see not just an unlawful bias in individual programs, but institutional bias at entire universities and in the public postsecondary system altogether. While Mr. Perry appears to have more Oklahoma work to do at the federal level, the civil rights staff in the state Attorney General’s office may also have some work to do.

The best solution, though, is for the colleges to remedy all discrimination before anyone files a complaint. Individual colleges, the state regents, and the Oklahoma State Department of Education may want to investigate sooner rather than later. Mr. Perry knows what he is doing and is effective in rooting out discrimination.

Adam Kissel is a former Deputy Assistant Secretary for Higher Education Programs in the Office of Postsecondary Education at the U.S. Department of Education. He previously served as vice president of programs for the Foundation for Individual Rights in Education, directing the program that defended the fundamental rights of students and faculty members across the country. He holds degrees from Harvard University and the University of Chicago.

https://www.ocpathink.org/post/sex-discrimination-in-oklahoma-higher-education

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Campus Department of Education Discrimination Due Process Executive Order Office for Civil Rights Race Sex Stereotyping Sexual Assault Title IX Title IX Equity Project

PR: Noting the ‘Seriousness of Penalties,’ College Administrators Suspend Trainings that Promote Sex Stereotypes

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Noting the ‘Seriousness of Penalties,’ College Administrators Suspend Trainings that Promote Sex Stereotypes

WASHINGTON / October 19, 2020 – In response to new federal requirements, college administrators have begun to stop school trainings and curricular offerings that promote stereotypes based on sex or race. For example, the University of Iowa recently announced a decision to suspend all such trainings, workshops, and programs. Noting “the seriousness of penalties for non-compliance with the order,” the pause applies to all harassment and discrimination trainings offered by the institution (1). Other institutions of higher education reportedly have made similar decisions (2).

Two federal policies are driving the re-evaluation. First, the new Department of Education sexual harassment regulation states that Title IX training activities “must not rely on sex stereotypes.” (3) Second, Executive Order 13950 directs federal agencies to suspend funding for any institution that promotes concepts that “an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive.” (4)

SAVE is urging administrators at colleges and universities across the country to take immediate steps to end trainings and other activities that may promote sex stereotypes. Title IX and other training programs are known to be promoting sex stereotypes in at least seven ways:

  1. Domestic violence: Each year there are 4.2 million male victims of physical domestic violence, and 3.5 female victims, according to the Centers for Disease Control (5). University training programs need to clearly and accurately state these numbers.
  2. Sexual assault: Nearly identical numbers of men and women are victims of sexual assault, according to the federal National Intimate Partner and Violence Survey. Each year, 1.267 million men report they were “made to sexually penetrate,” compared to 1.270 million women who report they were raped (6). But many university training programs utilize data from surveys relying on methodologies that undercount the number of male victims who were made to penetrate.
  3. Annual vs. lifetime incidence: Due to well-known problems with recall and memory retrieval, lifetime incidence numbers significantly undercount domestic violence and sexual harassment incidents, especially less serious incidents that occurred in previous years. University trainings should use annual, “in the past 12 months” numbers, not “lifetime” numbers.
  4. Sex-specific pronouns: In referring to domestic violence or sexual assault perpetrators and victims, many training materials misleadingly refer to the perpetrator as “he” and the victim as “she.”
  5. Examples: Training materials often provide hypothetical examples to illustrate key concepts. Such examples need to highlight approximately equal number of male and female victims.
  6. Imagery: Some university websites feature domestic violence incidents that portray a threatening male standing over a fearful, often cowering female. Such one-sided portrayals are misleading.
  7. Negative stereotyping of men as a group: Some universities offer campus-wide programs that seek to redefine, reform, and/or stigmatize masculinity. University-sponsored courses that promote theories of “toxic masculinity,” “rape culture,” and “patriarchal privilege” are likely to be in violation of the federal ban on sex stereotyping. Such stereotypes serve to undermine principles of fairness and equity for male students.

For example, the University of Texas offers a program titled “MasculinUT.” The program’s website states that concerns about sexual assault and interpersonal violence justify the “need to engage men in discussions about masculinity as one tool to prevent violence.” (7) The university does not offer a similar program directed at females, thereby creating an unlawful stereotype of male perpetrators and female victims.

Some universities teach courses that feature the American Psychological Association report, “Guidelines for Psychological Practice with Boys and Men.”  (8) The accompanying APA article made the stereotyping claim that “traditional masculinity — marked by stoicism, competitiveness, dominance and aggression — is, on the whole, harmful.”

To date, the SAVE Title IX Equity Project has submitted 20 complaints to the federal Office for Civil Rights for non-compliance with regulatory requirements for Title IX training materials (10).

Links:

  1. https://diversity.uiowa.edu/regarding-executive-order-13950?utm
  2. https://blog.aspb.org/policy-update-uneven-implementation-of-executive-order-on-race-and-sex-stereotyping/
  3. https://www2.ed.gov/about/offices/list/ocr/docs/titleix-regs-unofficial.pdf 45(b)(1)(iii)
  4. https://www.whitehouse.gov/presidential-actions/executive-order-combating-race-sex-stereotyping/
  5. https://www.cdc.gov/violenceprevention/pdf/2015data-brief508.pdf Tables 9 and 11.
  6. Lara Stemple and Ilan Meyer. The Sexual Victimization of Men in America: New Data Challenge Old Assumptions. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4062022/
  7. https://deanofstudents.utexas.edu/masculinut.php
  8. https://www.apa.org/about/policy/boys-men-practice-guidelines.pdf
  9. https://www.apa.org/monitor/2019/01/ce-corner
  10. http://www.saveservices.org/equity/
Categories
Discrimination Title IX Title IX Equity Project

Yale SOM under DOE investigation for alleged sex discrimination

Yale University is being investigated by the Office for Civil Rights within the United States Department of Education for allegedly violating Title IX by running women-only programs at the Yale School of Management.

According to a complaint filed by Mark J. Perry, an economics professor at University of Michigan, Flint, the Yale SOM discriminates against men on the basis of sex by excluding them from applying for several executive education programs created solely for women. In an Oct. 13 letter from the DOE obtained by the News, the department’s Boston office for civil rights notified Perry that they would open an investigation into his complaint. University officials said that the University recently received the complaint and declined to comment.

Officials from the DOE confirmed to the News that the OCR opened an investigation into the University on Tuesday for possible discrimination but declined to provide additional information about the case, citing its ongoing status.

“OCR is opening the following legal issues for investigation: Whether the University discriminates against men by excluding them from applying for the (1) ‘Women’s Leadership Program,’ (2) ‘Women’s Leadership Program Live Online,’ (3) ‘Women’s Leadership Program Online’ and (4) ‘Women on Boards’ executive education programs within the University’s School of Management, which are only available to women, in violation of Title IX,” the letter stated.

The letter said since Yale receives federal financial assistance from the Department, the OCR can investigate it pursuant to Title IX, which establishes that “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.”

SOM spokespeople declined to comment on the school’s use of federal funding.

This is not the first time Yale has come under investigation from the DOE. In February, the department opened an investigation into the University’s alleged failure to report foreign funding.

Perry told the News that he has filed 237 complaints alleging Title IX violations in higher education. He stated that around 100 of his complaints have resulted in civil rights investigations, and, out of those, 30 had resolutions in his favor.

“My goal is to advance civil rights and Title IX for all (and not just some) in higher education expose the systemic sexism that is tolerated and promoted at hundreds of colleges and universities in the US,” Perry wrote in an email to the News.

Perry said that most “sex-specific, single-sex, female-only” programs violate Title IX unless a university offers equivalent male-only programs. He alleges that since Yale SOM excludes men and denies them from these program and their benefits, Yale is discriminating against men based on their sex as they deny men the same educational opportunities offered to women.

There are three ways to resolve Title IX violations for sex-specific programs, Perry told the News. If the OCR finds that SOM’s programs do violate Title IX regulations, SOM will have to discontinue its single-sex programs, open the programs up to all genders or create equivalent male-only programs.

After spending more than 25 years in higher education as a professor, Perry said, he became increasingly aware of what he calls systemic sexism in higher education. Starting around 2016, he claims to have started “a one-man mission to expose what are not just illegal violations of civil rights laws, but are what [he thinks] are violations of basic principles of social justice, fairness and equity.”

“Title IX enforcement has been applied selectively for decades,” Perry wrote, “and it is my goal to end the double-standard for enforcement and protect the civil rights of all students, faculty and staff in higher education, not just some students, faculty and staff.”

A total of 549 men and 399 women enrolled in SOM for the 2019-2020 academic year, according to the University’s Office of Institutional Research.

Julia Brown | julia.k.brown@yale.edu

Julia Bialek | julia.bialek@yale.edu

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#MeToo Civil Rights Department of Education Discrimination Due Process Legal Office for Civil Rights Scholarships Sex Stereotyping Title IX Title IX Equity Project Training

Public University Stops Banning Males From Federally Funded Program to Resolve Federal Investigation

Allowed to avoid admitting guilt for violating Title IX

 

The University of Central Oklahoma received nearly $831,000 in federal taxpayer dollars to run a computer and STEM camp for high schoolers that violated Title IX.

Following a complaint by University of Michigan-Flint economist Mark Perry, whose side gig is challenging educational programs that exclude disfavored groups (usually males and whites), the program is nominally accepting all students, not just girls.

Also a scholar at the American Enterprise Institute, Perry wrote on his blog Monday that the Department of Education’s Office for Civil Rights informed him of the resolution at UCO.

By his count, 27 of his 231 complaints have been resolved “in my favor,” with more than 80 still under investigation by OCR. He expects all of them to end in his favor too, “given the clarity” of Title IX “and the clear violations” by colleges.

Originally described as a “Computer Forensics Program & an Education-Career Pathway for Girls,” according to its National Science Foundation grant page, the program repeatedly emphasized that it was only for girls. Perry said the university’s website for the program just recently removed application language that explicitly said the program is “unavailable for male students.”

An image of the original page with the word “Girls” in the title and description is still available from its website, though the application page that explicitly excludes male students does not appear to be cached anywhere The College Fix could find. The illegal program was funded by corporate sponsors and partners including Apple, IBM, Inciter, CGI and Stelar.

Perry said he learned about the program through the parents of a high school boy who wanted to apply but saw the no-males language on the application page. The economist filed the complaint under his own name – as he always does – to protect their anonymity.

The taxpayer-funded university has removed all sex-specific language from the content of the website, though it still only shows girls and its domain is still ComputerAcademyforGirls.com. Perry said OCR told him the federal office is “still in the monitoring stage” for the university to comply with the “Voluntary Resolution Agreement,” which requires UCO to “eliminate any suggestion” that the program is “for a single sex.”

Perry noted that UCO President Patti Neuhold-Ravikumar herself signed the agreement, which “seems to be an indication of the seriousness of violating federal civil rights laws.” (He posted images of the two-page print agreement, dated Sept. 30.)

As with other OCR resolutions, however, UCO was allowed to avoid admitting guilt and it won’t face any financial penalties, he continued:

Perhaps that’s why so many universities knowingly violate Title IX — the worst-case scenario is that they get caught like UCO, make the necessary corrections to their Title IX violations so that they don’t jeopardize their federal funding, but without any serious consequences and without actually even having to admit to the violation!??

The economist also denounced the National Science Foundation for funding “hundreds” of programs that exclude males at colleges, including the College of William and Mary and University of Wisconsin System:

And most of the time, hundreds of violations of Title IX like UCO’s go undetected and unreported, often because those who are aware of the violations are unwilling to complain or report the violation, out of fear of retaliation, to the university’s Title IX office or the Office for Civil Rights.

Perry said OCR has notified him of five more investigations opened into his complaints in the past month, against the University of Virginia, Florida Gulf Coast University, University of South Alabama, Youngstown State University and University of Maryland. All are offering programs reserved for females.

UVA’s program is one of “several dozen” programs for “female leadership/entrepreneurship/negotiation” that illegally exclude men, he said, naming 20 other colleges with such programs against which he has filed complaints.

Source: https://www.thecollegefix.com/public-university-stops-banning-males-from-federally-funded-program-to-resolve-federal-investigation/

Categories
Discrimination Sexual Assault Sexual Harassment Title IX

Rep. Ben Cline Opening Statement at Hearing on Gender-Based Protections

WASHINGTON, DC/September 10, 2020 – Today, Rep. Ben Cline (R-VA), Republican Leader of the Subcommittee on Civil Rights and Human Services, offered the following opening statement, as prepared for delivery, at a subcommittee hearing to discuss gender-based protections:
 
“Prior to coming to Congress, I was proud to serve as a prosecutor of domestic violence cases to ensure justice was carried out. Additionally, during my time as a Delegate in Virginia’s General Assembly, I authored several bills to meaningfully increase protections for such victims and their families. Furthermore, while in Congress, I have worked across the aisle to introduce H.R. 6685 with Congresswoman McBath to allow funds allotted through the Family Violence Prevention Services Act to still be accessed during the pandemic. Here in Congress, our committee has created protections for pregnant women, students, and workers alike so they can live, work, and learn in environments free from discrimination. I know I speak for all my colleagues here today when I say no one should ever be denied an opportunity because of unlawful discrimination.

“That’s why my Republican colleagues and I consistently support legislation that aligns with protections defined under existing civil rights laws. These very laws are what ensure the fairness I mentioned earlier in classrooms and workplaces across the country.

“Unfortunately, the same cannot be said for my colleagues on the other side of the aisle. Democrats cherry pick who does and does not deserve protections.

“Democrats have undermined students’ rights and fundamental fairness under Title IX of the Education Amendments of 1972. In 2011, the Obama administration issued guidance that created significant controversy and confusion. Many criticized the guidance for undermining due process rights for involved parties and for denying public review and comment from affected stakeholders. In fact, multiple court cases have struck down campus procedures that resulted from the guidance.

“The Trump administration addressed this past wrongdoing by taking over 124,000 public comments into consideration while drafting a rule that defines the responsibilities of institutions to respond to allegations of sexual harassment, including sexual assault, under Title IX.

“Many Democrats have been critical of the Education Department’s updated Title IX rule despite the fact that the rule is rooted in our deepest, time-tested legal traditions. It requires schools to take all allegations of sexual harassment, including sexual assault, seriously, and support and protect survivors during every step of the process.

“This rule will help ensure that all students can pursue education free from discrimination, harassment, and sexual violence, and we owe it to survivors to ensure that clear and fair procedures are in place to respond to sexual violence. The Department of Education’s Title IX rule delivers on this front.

“Democrats have also consistently tried to roll back protections that allow religious organizations to operate in accordance with their sincerely held religious beliefs.

“In fact, Democrats slammed a proposed rule announced last year by the Department of Labor (DOL) to protect religious liberty. Religious organizations have been discouraged from seeking federal contracts because of uncertainty surrounding the requirements for religious organizations. DOL’s proposed rule clarifies the protections given to religious organizations that contract with the federal government. DOL rightly considered recent Supreme Court decisions regarding the religious freedom of employers, which affirmed the limitations on the government to infringe on the free exercise of religion. Not only does this proposed rule protect religious liberty, it also benefits both the contracting system and taxpayers by encouraging additional qualified organizations to bid for contracts, which will increase competition and provide needed goods and services that may otherwise not be available.

“Bottom line, all Americans deserve to learn and work in an environment free from discrimination based on their sex or religion. Committee Republicans have and will continue to advocate for policies that allow students to learn and employees to work in environments free from discrimination.

“While I look forward to the testimony from our witnesses, I’d like to point out that my Democrat colleagues only allowed Republicans to invite one witness to cover a very broad set of issues. Unfortunately, this structure will limit the Subcommittee’s ability to have a robust discussion today on how to best ensure Americans can pursue an education and a career in positive environments.”

https://republicans-edlabor.house.gov/news/documentsingle.aspx?DocumentID=407043

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Campus Discrimination Due Process False Allegations Rape-Culture Hysteria Sexual Assault Sexual Harassment Title IX Victims Violence

UNC Wants SCOTUS to Review Ruling Mandating Release of Sexual Assault Sanctions

Updated August 8, 2020

 — The University of North Carolina at Chapel Hill intends to ask the United States Supreme Court to review a 4-3 decision by the Supreme Court of North Carolina that ordered the school to release the names of students found responsible and sanctioned for sexual misconduct.

After a nearly four-year legal fight, UNC released a list of 15 names in response to a request for all sanctions issued for sexual misconduct since 2007.

The release of the records comes three months after the state Supreme Court sided with a coalition of North Carolina media organizations that sued the university after it denied a 2016 public records request for the information. The coalition includes Capitol Broadcasting Co., WRAL’s parent company, as well as UNC-Chapel Hill’s student newspaper, The Daily Tar Heel.

“We, along with many advocates for  survivors  of sexual assault and interpersonal violence, still believe the release of these records will inevitably lead to an increased risk of the identification of  survivors  and key witnesses and  could discourage others from participating in the Title IX process,” said Joel Curran, vice chancellor of University Communications.

“Universities should not be forced to release student records that could identify sexual assault  survivors,” Curran said.

Annie Clark, a former student who has spent seven years advocating for more transparency about sexual assaults on campus, says the release of the names is a step in the right direction.

“We have a lot of survivor advocates and survivors themselves who want these names released, who want to have that vindication,” Clark said. “But you also have a lot of folks who don’t want that, who feel like, if their perpetrator’s or alleged perpetrator’s name is released, that it puts them in danger.”

Clark was one of five women who filed a complaint with the U.S. Department of Education in 2013 accusing UNC-Chapel Hill of underreporting sexual assault cases for 2010 in an annual report to the federal government on campus crime. It also alleged that campus officials allowed a hostile environment for students reporting sexual assault.

“It is very surprising that, over the course of years, that there are only 15 people who have been found responsible that the university released,” Clark said. “What we know is that one in four or one in five women, depending on the statistics used, are sexually assaulted before they graduate, drop out or leave college in another way.”

Clark wants UNC-Chapel Hill and other universities to release even more information, including how many total assaults are reported, how many are investigated and how many result in sanctions.

“There is a lot further to go,” she said. “I think we need to look beyond this one story of releasing names and look more towards why are people still doing, why are people are still getting away with and where are those aggregate numbers and where are people falling through the cracks.”

On UNC-Chapel Hill’s website for its Equal Opportunity Compliance office, sexual assault victims are encouraged to report criminal activity to law enforcement; however, accusers can choose to pursue a case through a university process that’s been kept completely confidential.

As for its internal process, Curran said, “The University’s Title IX policy and process are mandated by the federal government and are separate and distinct from any criminal process.”

“Sanctions are tailored to the unique facts and circumstances of each report, and the University’s Equal Opportunity and Compliance Office investigators and hearing panelists consider a variety of factors when determining the appropriate sanction,” said Leslie Minton, associate director of media relations. “Those factors are listed in the procedures associated with the Policy on Prohibited Discrimination, Harassment and Related Misconduct. This is an educational process focused on maximizing equal access to educational programs and activities and the safety and well-being of our students and campus community.

WRAL News has a team of reporters gathering more information on the students named and intends to share more information.

Source: https://www.wral.com/unc-wants-scotus-to-review-ruling-mandating-release-of-sexual-assault-sanctions/19225371/

Categories
Accountability Campus Civil Rights Department of Education Discrimination Due Process False Allegations Investigations Office for Civil Rights Press Release Sex Education Sexual Assault Sexual Harassment Title IX Training Victims Violence

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

Contact: Rebecca Stewart
Telephone: 513-479-3335
Email: info@saveservices.org

Double Jeopardy: SAVE Calls on College Administrators to Assure Due Process Protections for Black Students in Title IX Proceedings

WASHINGTON / July 28, 2020 – SAVE recently released a study that shows black male students face a type of “double jeopardy” by virtue of being male and black. (1) Analyses show although black male students are far outnumbered on college campuses, they are four times more likely than white students to file lawsuits alleging their rights were violated in Title IX proceedings (2), and at one university OCR investigated for racial discrimination, black male students were accused of 50% of the sexual violence reported to the university yet they comprised only 4.2% of the student population. (3)

In 2015, Harvard Law Professor Janet Halley raised an alarm to the U.S. Senate HELP committee that, “the rate of complaints and sanctions against male students of color is unreasonably high.” (4) She advised school administrators to, “not only to secure sex equality but also to be on the lookout for racial bias and racially disproportionate impact and for discrimination on the basis of sexual orientation and gender identity – not only against complainants but also against the accused.” (5)

Her powerful words were ignored. Over the past 5 years numerous black males have been caught up in campus Title IX proceedings. Their lawsuits often claim a lack of due process in the procedures.

Grant Neal, a black student athlete, was suspended by Colorado State University – Pueblo for a rape his white partner denied ever happened. (6) Two black males students accused of sexually assaulting a fellow student recently settled a lawsuit against University of Findlay for racial, gender and ethnic discrimination. (7) Nikki Yovino was sentenced to a year in prison for making false rape accusations against two black Sacred Heart University football players whose lives were ruined by her accusations. (8) These are just a few examples.

Wheaton College in suburban Chicago, a major stop along the Underground Railroad, recently dismissed Chaplain Tim Blackmon, its first nonwhite chaplain in its 155-year history. Blackmon claims Wheaton’s Title IX office failed to investigate a previous Title IX complaint against him in a “clear misuse of the Title IX investigative process,” and he was “completely blind-sided by this Title IX investigation.” Blackmon’s attorney believes the professor’s race heavily factored into his firing, and that Wheaton was looking for an excuse to sever its relationship with its first African American chaplain and return to being a predominantly white educational institution. (9)

The impact to black male students and faculty could be even greater than any data or media reports imply since only those who can afford a costly litigation file lawsuits and make the news. More data is needed, but anecdotally black males are disproportionately harmed in campus Title IX proceedings.

SAVE recently spoke with Republican and Democrat offices in the House and Senate regarding this issue. Virtually all staffers agreed members of Congress are concerned about harm to black students and supportive of ways to offer protections to all students, including those of color.

The new Title IX regulation offers necessary due process protections that black students need. By complying with the regulation, college administrators will protect the rights of all students and address the serious problem that black men are accused and punished at unreasonably high rates. At a time when activists on college campuses are clamoring that Black Lives Matter, college administrators should assure they are doing everything they can to help their black students.

Citations:

  1. http://www.saveservices.org/2020/07/why-are-some-members-of-congress-opposing-due-process-protections-for-black-male-students/
  2. https://www.titleixforall.com/wp-content/uploads/2020/07/Plaintiff-Demographics-by-Race-and-Sex-Title-IX-Lawsuits-2020-7-6.pdf
  3. https://reason.com/2017/09/14/we-need-to-talk-about-black-students-bei/
  4. https://www.govinfo.gov/content/pkg/CHRG-114shrg95801/pdf/CHRG-114shrg95801.pdf
  5. https://harvardlawreview.org/2015/02/trading-the-megaphone-for-the-gavel-in-title-ix-enforcement-2/
  6. https://www.thecollegefix.com/athlete-accused-rape-colorado-state-not-sex-partner-getting-paid-drop-lawsuit/
  7. https://pulse.findlay.edu/2019/around-campus/university-of-findlay-settles-sexual-assault-case/
  8. https://www.ctpost.com/news/article/Yovino-sentenced-to-1-year-in-false-rape-case-13177363.php
  9. http://www.saveservices.org/2020/07/black-immigrant-chaplain-claims-christian-college-used-bogus-title-ix-investigation-to-fire-hi

 

SAVE is leading the policy movement for fairness and due process on campus: http://www.saveservices.org/

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#MeToo Campus Civil Rights Discrimination Due Process False Allegations Free Speech Investigations Office for Civil Rights Sexual Harassment

Black Immigrant Chaplain Claims Christian College Used Bogus Title IX Investigation to Fire Him

‘From the outset … race was very much at issue’

A professor’s race heavily factored into his firing on the grounds of making racially and sexually insensitive comments, according to his attorney.

Wheaton College, known informally as the Harvard of evangelical colleges, publicly announced the dismissal of Chaplain Tim Blackmon earlier this month, more than a month after his firing.

The 50-year-old black immigrant from the Netherlands has since vigorously disputed the allegations against him, telling the Chicago Tribune that “they are a complete misconstrual of the comments” he made.

President Philip Ryken justified the college’s firing of Blackmon by publicly accusing him of several violations Wheaton learned about last fall. He had “repeatedly used an ethnic slur” to refer to an Asian employee and suggested that a female staff member sit on his lap during a training session for sexual harassment, according to Wheaton’s statement.

The black chaplain also circulated a meme to employees about masturbation and “arranged” to have the book “The Complete Idiot’s Guide to the Kama Sutra” placed on a female staff member’s desk, the college claimed.

Wheaton claimed that Blackmon “admitted to certain allegations, which is patently untrue,” his attorney Andrew Miltenberg told The College Fix in an email. The ex-chaplain “continues to refute” both the allegations and the context Wheaton applied to them.

“From the outset, Chapl[a]in Blackmon’s race was very much at issue,” contrary to Wheaton’s race-neutral portrayal of the allegations, Miltenberg said.

Citing Wheaton’s allegedly poor record with racial and ethnic diversity, “especially with the African American community,” the attorney said that Blackmon has been treated far worse than his white colleagues.

Pressure to conform with the prevailing views of the #MeToo movement and the controversies surrounding Title IX investigations resulted in an overreaction from the college, the attorney added.

Ultimately, Wheaton chose to oust Blackmon so that it could maintain the mantle of being an “ethnically diverse” college all the while “return[ing] to its roots – that being a primarily white educational institution,” Miltenberg alleged. Yet the fired employee and his attorney have not decided whether to take legal action yet.

When asked to specify some of the college’s allegations about Blackmon – including the exact racial slur – beyond its curt statement, Director of Marketing Joseph Moore stated: “Wheaton College is not providing further comment.”

That supposed slur, Blackmon told a blogger last week, stemmed from an “inside joke” about the song “Black and Yellow” by the rapper Wiz Khalifa and its relevance to working in a “predominantly white institution.”

Theological articles he shared were ‘ideologically problematic’ for accuser

Wheaton’s internal statement to its community, which Moore provided and which preceded Blackmon’s response, made clear that the college did not find that he engaged in “sexually immoral relationships or physical sexual misconduct.” Rather, its investigation “revealed conduct inconsistent with Wheaton’s policies and commitments.”

Moore did not not provide The Fix with the specific policies and commitments purportedly breached by Blackmon, however.

“To be clear, I was completely blind-sided by this Title IX investigation,” Blackmon said via his attorney in response to Wheaton’s statement.

“I recently learned this was the second time this individual filed a Title IX against me,” the first one occurring in 2017 after Blackmon had “shared five theological articles that the complainant [accuser] deemed ideologically problematic.” (He doesn’t give a more specific description of the accuser; Wheaton’s language suggests at least two women complained.)

Wheaton’s Title IX office didn’t investigate at the time, “as it was a clear misuse of the Title IX investigative process,” the chaplain continued. But in the most recent complaint, he said that “several of my comments have been taken completely out of their factual and, in some cases, religious context.”

He emphasized that no one accused him of “flirtation, inappropriate relationships, sexual misconduct or any sexual action towards anyone,” and neither the accuser nor “any witness, communicate[d] offense or discomfort.”

While it left out his race when justifying his firing, Wheaton emphasized Blackmon’s race when hiring him five years ago as the first nonwhite chaplain in its 155-year history.

Rodney Sisco, director of the Office of Multicultural Development, told The Wheaton Record: “I think change is change, and change is always difficult. Chaplain Blackmon is going to be seen differently.”

While Sisco was personally excited to have a “person of color leading the chaplain’s office,” he suspected that some community members would be “a little worried, asking, ‘Have we made some sort of strange mistake?’” He concluded by saying: “I think there will be some folks who push against the college.”

At the time, only 2.3 percent of the student body was comprised of African Americans. The most recent figures from 2017 put it at 3.03 percent––its white population is at 70.8 percent. (Ranking service College Factual says Wheaton has more “non-resident alien” students than African Americans.) This is at a college that was founded by evangelical abolitionists in 1860 and was a major stop along the Underground Railroad.

“Wheaton has failed in its attempt, if any were even made, to achieve truly measurable and transformative cultural diversity,” Miltenberg, who has represented hundreds of college students accused of sexual misconduct, told The Fix.

‘The Complete Idiot’s Guide to the Kama Sutra’ was a regifted ‘gag’

In a separate public statement, the attorney alleged that Wheaton administrators “are now publicly smearing and defaming my client in the media by using out of context statements and false accusations.”

Contrary to President Ryken’s claim, Blackmon “never asked his secretary to sit on his lap during a sexual harassment training,” and “never harassed anyone, sexually or racially,” according to Miltenberg. The college simply “weaponized the Title IX process to get rid of someone whose words and ideas didn’t always conform to their views.”

The lap allegation, Blackmon told The Roys Report blog last week, stemmed from his critical comments about “the mandatory (but rather patronizing) sexual harassment training video” he was required to watch when starting at Wheaton in September 2015.

He said he told the accuser: “Come on, it’s not like I don’t know what sexual harassment is. It’s not like I’m asking my secretary to sit on my lap and take the training for me.”

The context for another allegation, about his comments to a newly married female employee, was the fact that her “brand-new husband had been pulling all-nighters for grad-school,” Blackmon continued:

As a way of celebrating their newly wedded bliss I said, “Maybe you should surprise him and pay him a conjugal visit.” As to the conjugal-visit comment, I was genuinely trying to commiserate with her about the challenges of graduate school and newlyweds.

Regarding the incident involving “The Complete Idiot’s Guide to the Kama Sutra,” Miltenberg told The Fix that Blackmon “received the book from a former parishioner.”

That person’s wife wrote about the incident in a comment on a blog post on the Blackmon controversy: “I left the book on Tim’s desk. During our annual Church bazar [sic] I found the book in the donated items as we set up.” She thought that it would be “ironic to put the book on Tim’s desk.”

Later, after she and her husband “laughed about it,” her husband “snuck into Tim’s office and hid it in his library where it sat for years. I guess it made its way to Chicago. I thought it was funny to put a book that silly in Tim’s office. And the idea I was a victim is stupid.”

According to Miltenberg, at some point Blackmon “told the complainant the story after he found the surprise gag gift in his [college’s] library and then gave her the book. He thought it was a funny story. That’s all there was to it.” (Blackmon told The Roys Report he shared the story with others, but admitted that it sounded bad when “taken out of its contexts without the prank.”)

Because this was “such a benign event,” the attorney continued, “we believe that Wheaton was looking for an excuse to sever its relationship with its first African American Chaplain” and return to being a predominantly white educational institution.

‘China-man’ was an ‘inside joke’

Regarding the “ethnic slur” he allegedly used repeatedly toward an Asian American employee, Blackmon provided the context to The Roys Report.

When he started working at Wheaton, Blackmon said one of his Korean ministry colleagues was “mistaken” for a professor. They “commiserated about the realities of beginning to work” at the predominantly white institution, comparing their situation to the Wiz Khalifa song “Black and Yellow”:

[A] black pastor from Holland and a Korean ministry associate. I said, “Maybe we should call you the China-man because people can’t even tell one Asian from another, one Chinese from a Korean.” More laughter ensued and for the next couple of weeks we commiserated about the ironies of working in a predominantly white institution, and we soon moved on from our inside joke and got to work.

“This,” said Blackmon, “is what they are considering the racial/ethnic slur.”

Miltenberg also suspects that “Wheaton may have overreacted out of fear of public pressure given the #MeToo movement and other Title IX related controversies as of late”:

Wheaton has repeatedly shifted the landscape in Chaplain Blackmon’s case, at times claiming it was Title IX issue, and other times, suggesting that the situation did not fall under Title IX.

This shifting has impeded Blackmon’s ability to appropriately respond to the allegations as well as “denying him the right to counsel,” Miltenberg said. The college has also ignored its own “employee conflict resolution procedures,” he claimed.

Its actions “have put Chaplain Blackmon’s future very much at risk,” Miltenberg said.

Source: https://www.thecollegefix.com/black-immigrant-chaplain-claims-christian-college-used-bogus-title-ix-investigation-to-fire-him/

Categories
Discrimination Title IX Title IX Equity Project

PR: Federal Office for Civil Rights Launches Investigations of Title IX Discrimination Complaints by Male Students

Contact: Rebecca Stewart

Telephone: 513-479-3335

Email: info@saveservices.org

Federal Office for Civil Rights Launches Investigations of Title IX Discrimination Complaints by Male Students

WASHINGTON / July 9, 2019 – Following hundreds of lawsuits by male students alleging disparate and unfair treatment by institutions of higher education (1), the federal Office for Civil Rights (OCR) has begun to open investigations into some of these cases. The OCR is known to be conducting 24 investigations at universities in the following states: CA, CO, CT, FL, GA, IL, IN, MA, MI, NC, NJ, RI, SC, TN TX, and WI. The cases have been opened by the OCR Regional Offices located in Atlanta, Boston, Chicago, Cleveland, Dallas, Denver, District of Columbia, New York, and San Francisco (2).

The most common complaint involves allegations of denial of benefits. One of these investigations is targeting the University of Michigan, which sponsors 11 scholarships, support groups, and medical treatment programs that exclude male students, in direct violation of Title IX sex-discrimination mandates (3).

A smaller number of complaints involves due process infractions. Two weeks ago, for example, it was announced that the OCR opened an investigation against Northwestern University for failing to provide due process protections for two men accused of sexual misconduct. One student accused the university of engaging in the sex-biased practice of “believe the victim.” (4)

The OCR already has closed investigations that found in favor of male students at Wesley College, Delaware, and Tulane University. In August 2018, OCR opened an investigation of Tulane’s six scholarships reserved for women. Four months later, Tulane entered into a resolution agreement with the OCR, agreeing to ensure that financial assistance is fairly distributed to both male and female students (5).

A recent analysis of scholarships at 115 of the nation’s largest universities revealed widespread discriminatory policies. Among 1,161 sex-specific scholarships, 91.6% were reserved for female students, with only 8.4% designated for male students (6).

Title IX is the federal law designed to prevent sex-based discrimination in educational institutions that received federal financial assistance. Information on how to file an OCR complaint is available on the SAVE website (7).

Citations:

  1. https://docs.google.com/spreadsheets/d/e/2PACX-1vQNJ5mtRNzFHhValDrCcSBkafZEDuvF5z9qmYneXCi0UD2NUaffHsd5g4zlmnIhP3MINYpURNfVwSZK/pubhtml#
  2. http://www.saveservices.org/equity/ocr-investigations/
  3. https://www.aei.org/publication/an-update-on-my-efforts-to-advance-civil-rights-equity-and-justice-and-end-discrimination-in-higher-education/
  4. https://dailynorthwestern.com/2019/06/21/campus/federal-officials-are-investigating-northwesterns-title-ix-process-after-two-men-allege-gender-bias-and-failure-of-due-process/?fbclid=IwAR3HdfBNb2IgF_XxAhWbflipeXvKoKs9AOxBwTpjb61XEUQ2SNdRoTY3mpw
  5. https://pjmedia.com/trending/female-lawyer-gets-tulane-university-to-stop-discriminating-against-men/
  6. http://www.saveservices.org/equity/scholarships/
  7. http://www.saveservices.org/equity/file-ocr-complaint/

The SAVE Title IX Equity Project is working to assure that the Title IX law is fairly and consistently applied and enforced: www.saveservices.org/equity

Categories
Accountability Campus Civil Rights Department of Justice Discrimination Law Enforcement Office for Civil Rights Press Release Research Training Victims

PR: Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

Contact: Gina Lauterio
Telephone: 301-801-0608
Email: glauterio@saveservices.org

Expert Panel Calls on Lawmakers to Bring an End to Campus ‘Kangaroo Court’ Investigations

WASHINGTON / October 11, 2016 – Warning “victim-centered” investigations are “inconsistent with basic notions of fairness and justice,” an Expert Panel has issued a report calling on lawmakers to end such approaches in campus sexual assault cases (1). The Expert Panel was convened in observance of Wrongful Conviction Day on October 4 and addressed the growing problem of “victim-centered” investigations at colleges and in the criminal justice system.

“Victim-centered” methods abandon traditional notions of impartiality and objectivity, and instead call on investigators to presume that “all sexual assault cases are valid unless established otherwise by investigative findings,” as one report enjoins (2). Such recommendations represent a negation of the long-held tenet of the presumption of innocence, and are likely to lead to wrongful determinations of guilt.

One of the expert panelists was Michael Conzachi, a former homicide detective and police academy instructor. Conzachi sharply criticized the University of Texas-Austin document Blueprint for Campus Police, saying its recommendations to remove inconsistent statements and exculpatory information from investigational reports represent a potential violation of laws that bar evidence concealment and tampering.

E. Everett Bartlett, president of the Center for Prosecutor Integrity, reported that many lawsuits by accused students against universities now include allegations of investigational impropriety. He identified nine categories of investigational biases claimed in campus lawsuits such as Overt bias/Predetermination of guilt and Inadequate investigator qualifications.

SAVE has developed a model bill titled the Campus Equality, Fairness, and Transparency Act (CEFTA). The bill mandates the use of “justice-centered” investigations that would require campus investigators to “discharge their duties with objectivity and impartiality” (3).