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PaperclipPerfector  7mo ago (text post)   26627 thread views

Culture War Roundup for the week of March 25, 2024

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https://splc.org/2016/10/an-unintended-consequence-of-title-ix/

“(The Constitution) doesn’t supersede [Title IX],” he said. “Title IX is a federal compliance policy. Those policies supersede anything else.”

https://www.usccr.gov/files/pubs/2020/02-19-Free-to-Learn.pdf

Higher education institutions that receive federal funds must take steps to address hostile environments and sex-based discrimination.10Preventing a hostile environment, in public universities, may overlap with an individual’s right of free speech or expression. The most common type of sexual harassment is often termed gender harassment. Gender harassment includes verbal and nonverbal behaviors that convey insulting and degrading attitudes about members of one gender. Examples may include lewd jokes, disrespectful comments about body parts, and inappropriate gestures

Freedom of speech went up against Title IX, and Title IX won. The only reason I can see this being any different is that it's not supported by the Biden admin.

If the government can require that a school investigate and expel a student for "misgendering," why can't they require the same for yelling "gas the jews"?

Your first quote is from some university administrator who is, obviously, wrong about how the law works. I also note none of the students in question seem to have actually sued over their punishment. They should have. I think they would have had an excellent chance. Courts do not just insert themselves in disputes to vindicate rights, someone has to ask them to. Here is a pretty good breakdown of how Title IX actually works from the congressional research service.

Freedom of speech went up against Title IX, and Title IX won. The only reason I can see this being any different is that it's not supported by the Biden admin.

There are many differences. Title XI, for example, generally requires some individual(s) be subject to discrimination or harassment. Abbott's order contains no such language.

If the government can require that a school investigate and expel a student for "misgendering," why can't they require the same for yelling "gas the jews"?

Can you give me some examples of the US government requiring a student be expelled for misgendering?

Here is a pretty good breakdown of how Title IX actually works from the congressional research service.

Your link disagrees with you and agrees that schools are required by Title IX to prevent "peer" sexual harassment.

The Supreme Court explained that in Title IX cases alleging peer harassment, a school will not be held liable unless its deliberate indifference “subjects” students to harassment. The school’s response must, “at a minimum, ‘cause students to undergo’ harassment or ‘make them liable or vulnerable’ to it.” The harassment thus must occur when the school has “substantial control” over the harasser and the context in which the misconduct occurs. For example, the standard would be satisfied if misconduct occurs on school grounds during school hours.

Where did I claim that peer harassment could not be actionable? "Harassment" can, and often does, involve more than speech.

And "being vulnerable" can, and often does, involve nothing more.

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