Education

After Dems Exaggerate Impact, Panicked Kids Are Suing Over Betsy DeVos Title IX Changes

Distorted partisan descriptions of the Department of Education changes could be doing real damage.

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Seven students are joining a National Women's Law Center (NWLC) lawsuit challenging new guidelines related to Title IX, the federal law that prohibits education discrimination on the basis of sex. Some of their stories suggest that Democrats' distorted descriptions of the changes could be doing real damage.

U.S. Secretary of Education Betsy DeVos formally issued the new rules—set to take place August 14—in May 2020, following a massive influx of public comments since she first proposed them back in 2018. But her proposal also ushered in a wave of hyperbolic, misleading, and dishonest claims about what these proposed changes would mean.

Reality-challenged rhetoric about the rule changes has come from folks claiming to represent students' best interests, like the NWLC. But it's hard to see how letting young people think the federal government wants schools to stop punishing rapists benefits students—or anyone but Democrats looking to portray the Trump administration as soft on campus rape.

In the NWLC lawsuit, "plaintiffs include a fifth grader in Michigan who fears that her elementary school will not be required to formally investigate and punish her classmate for assaulting her four times over two months" and "a recent graduate of the University of California, Santa Barbara, who decided not to formally report her rape at an off-campus apartment because she believed that the final rule rendered her complaint futile," according to The New York Times.

That's incredibly sad, since of course there's nothing in the new rules saying schools shouldn't investigate and punish students for sexual assault. (Read more details about what the changes will do here.) Students are being misled by what's turning out to be a damaging disinformation campaign.

Shiwali Patel, senior counsel at the National Women's Law Center, told the Times "the fear these students are living with show how real the consequences are of DeVos's rule."

But much of this student fear isn't rooted in what the DeVos rules actually say, it's driven by Democratic politicians and groups like the NWLC fearmongering about them.

When the new rules were first released, Sen. Mark Warner (D–Va.) said they would "undoubtedly make students less safe," while Rep. Barbara Lee (D–Calif.) called them an attack on "student survivors' rights." And Fatima Goss Graves, president and CEO of the National Women's Law Center, said they send "the message loud and clear that there is no point in reporting assault."

The NWLC is far from alone in legally challenging the Department of Education's new Title IX guidance. In May, the American Civil Liberties Union (ACLU) filed a lawsuit against DeVos and the Education Department, on behalf advocacy group Know Your IX.

And 18 state attorneys general (AGs) are challenging the new rules, in an action filed June 4 in the U.S. District Court for the District of Columbia and led by Democratic attorneys general Xavier Becerra of California, Josh Shapiro of Pennsylvania, and Gubir Grewal of New Jersey.

Attorneys general for Colorado, Delaware, Illinois, Massachusetts, Michigan, Minnesota, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, Wisconsin, and Washington, D.C.—all Democrats—are also part of the lawsuit.

New York is also (separately) challenging the rules, with state Attorney General Letitia James explicitly invoking Trump in her explanation.

"The president has repeatedly shown that he doesn't think sexual harassment is a serious matter, but his callousness now threatens our youngest and most vulnerable and could increase the likelihood of sexual harassment and abuse of students in schools," James said in an announcement about the suit. The announcement misleadingly describes DeVos' rules as "undo[ing] protections required by Title IX," as if prohibitions of gender and sex discrimination at schools will no longer exist.

Presumptive Democratic Party presidential candidate Joe Biden has already vowed to reverse the rule changes if elected.

It seems pretty clear that despite the seriousness of the issues involved, Title IX has become yet another set of partisan talking points to tussle over. But those using the DeVos changes to spread misinformation about campus assault might want to think about who is really being harmed by their rhetoric.

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  1. “The president has repeatedly shown that he doesn’t think sexual harassment is a serious matter, but his callousness now threatens our youngest and most vulnerable and could increase the likelihood of sexual harassment and abuse of students in schools,” James said in an announcement about the suit.

    “X has repeatedly shown that xi doesn’t think Y is a serious matter, but xir callousness now threatens Z and could increase the likelihood of W.”

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  2. “Presumptive Democratic Party presidential candidate Joe Biden has already vowed to reverse the rule changes if elected.”

    Good. It’s about time we have a President who takes sexual assault seriously.

    #BelieveWomen
    #(ExceptTaraReade)

    1. Of course Biden takes sexual assault seriously.
      That’s why he had his sexual assault on Tara Reade records sealed at the University of Delaware.

      1. Vote for the new, improved, less-gropey Joe.

        1. If there’s less groping, it’s either because Biden now fears handlers with a vinegar squirt bottle, they won’t let him out of the basement, or this whole social distancing thing is a conspiracy to keep nubile nymphs out of his reach.

    2. A+ OBL. This is definitely one of your best posts. HOF material.

      1. I was thinking the same thing.

  3. The way the rules are set up now, all men are automatically guilty of rape whenever they are accused, no matter how ridiculous the accusation, and nearly 14 million men are currently serving life sentences based on specious rape charges investigated solely by the colleges and universities. Or maybe it’s 20 million, I can’t remember. At any rate, I know it’s millions of men in prison for life. For uncorroborated and unsubstantiated rape charges. And the NWLC has said that all men should be in prison for life, starting as soon as they are potty-trained. I’ve heard them say that. They hate men and wish they were all dead and they’ll do anything to push that agenda. You can look it up, it’s a fact.

    1. You have to admit that every male child, unless born by Cesarean Section, is a violent rapist.

      1. Wouldn’t anyone who’s pro-choice have to consider that event to be consensual?

    2. Except Joe Biden *

    3. My understanding was university Title IX investigations do not result in criminal charges? You can get kicked out, lose your tuition, have your life ruined, be ostracized by useful morons; the only thing they can’t do is actually bring criminal charges against you, since that is the purview of the courts. It is the extrajudicial nature of the Title IX kangaroo courts that are the problem.

      Of course, there are undoubtedly innocent men who got ramrodded through the criminal courts, for being male and unsympathetic.

    4. Even Newsome of California vetoed a bill that had easily passed the California legislature that would have made a joke out of the 4th amendment. It came THAT close to passing. The most populous state in the US and all men would have been considered guilty until proven innocent. The clowns behind this nonsense are cultist morons who spend too much time monitoring humans via social media. Of course, the men who would have been disproportionately affect would have been blacks and hispanics, as usual. “People of color” had better wake up fast before they are so quick to flush this American experiment down the toilet for a good dose of secularized original sin woopass.

  4. What does the text of Title IX read regarding sexual assault?

    1. Here it is in it’s entirety:
      “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.”

      Anyone can see where it clearly requires an adoption of “accusation requires conviction in sexual assault cases, even outside the athletic arena.”

  5. There wouldn’t be any law suit if there were no DOE.
    America lived without this needless and expensive bureaucracy since 1776 all the way up to Jimmy Carter established this monstrosity in the 1970’s.
    Why we need the DOE is beyond me.

    1. Well, Title IX existed before the Dept of Education. It was just the Dept. of Education that was tasked with enforcing it.

      I agree, getting rid of the Dept. of Education would be a good idea.

    2. The entire purpose of the DoEd is to hand out cash and thus make schools subservient to the whims of whatever administration is in charge. There’s no justification for it in the Constitution. It was a broad measure to centralize local education that had already become centralized to State capitols.

      Trump would have been castigated and billed as anti-children, but one of his first acts should have been to summarily dismiss the entire DoEd along with several other power usurping cabinets. Energy, Commerce, and Education and much of everything else happened long before there was a cabinet created to govern them.

      1. That seems to be the entire purpose of the federal government these days.

  6. “a recent graduate of the University of California, Santa Barbara, who decided not to formally report her rape at an off-campus apartment because she believed that the final rule rendered her complaint futile,”

    Yes, Betsy and Trump and every other white supremacist Nazi is evil because they do not support laws that protect retards from their own stupidity about the laws themselves.

    1. Didn’t she call the cops? Are “Special Victim Units” now constrained from answering rape allegations reported by college students?

      1. They were all defunded last week

        1. That was the 50% that got defunded.

  7. Why don’t the parents of that fifth-grader go to the fucking cops? Let me guess — because it’s just typical fifth-grade bullying, pushing, shoving, name-calling, too small to even get cops interested. If it were true assault, they’d be screaming for cops. That all they scream for is DeVos’ blood shows how unserious they are.

  8. End taxpayer funding for everything.

  9. “a recent graduate of the University of California, Santa Barbara, who decided not to formally report her rape at an off-campus apartment because she believed that the final rule rendered her complaint futile”

    Sounds like she has a case against the NWLC not the DOE.

    1. Sounds like her parents have a case against UCSB for not providing an education. Clearly she can’t even read.

    2. Why should she be going to the school about a criminal assault that occurred off campus rather than going to law enforcement?

      1. Shouldn’t have, she obviously has mental issues. There is a certain type of female, usually of European descent, who whenever they read anything…usually from Dem’s, they take it to the extreme. Remember Clinton’s Surgeon General who was fired for an offhand suggestion that children might need masturbation training (self-taught myself)? I had an acquaintance, single mother who having read that immediately started having group sessions with her two children, 8 & 10. On one level they have to know that what they are doing is wrong but they have an overwhelming urge to belong to some kind of group or movement and will go to extremes to prove they are. She probably read an article and in her mind by doing this she is part of the “Movement”. I wish the states would step up and take the reins on this issue, mandate colleges like hospitals have to report these to the local authorities. Might put an end to nonsense like this.

  10. But those using the DeVos changes to spread misinformation about campus assault might want to think about who is really being harmed by their rhetoric.

    Eggs for the omelette.

    1. Seems there’s a avalanche of false allegations coming from the Democrat party these days, always towards Trump and his administration. It shows bad faith, and I’d hate to be one of their targets.

  11. Wait, what?
    The democrats are openly lying about the Trump administration?
    Inconceivable.

  12. Maybe the Obama Administration’s guidelines were only ever partisan hackery?

  13. “a recent graduate of the University of California, Santa Barbara, who decided not to formally report her rape at an off-campus apartment because she believed that the final rule rendered her complaint futile,”

    Perhaps she should demand full tuition reimbursement because the school failed her beyond all words.

    You know, even if the school did nothing — because you weren’t raped on campus — THERE ARE FUCKING COPS YOU CAN GO TO.

    1. Not if good little leftist like her get their way and eliminate police departments.

      Which is probably the goal of some of these clowns: get rid of rule of law and due process and then set up kangaroo courts like they’ve already done in the universities.

  14. Dems are screwing themselves here. This case gets to SCOTUS, the rule in favor of protecting our actual rights to a fair, impartial trial; then the next administration cannot simply change the rules back. Dems are playing like this is a women’s rights issue. The problem is Obama administration’s rules to NOT uphold Constitutional due process rights. Even the Libs on the court rule in favor of the due process. Well, at least Sotomayer. Maybe RBG. Kagan would vote against. That crazy woman hates the Constitution.

  15. They care about fundraising and activism. They don’t care about the people harmed by their deceptions. Not at all.

  16. So, when are the “conservatives” going to outlaw the teaching of Marxism in our schools and kick all the admitted Marxists out of our education system?

  17. It’s really not a big deal if one is a male and is accused. You simply claim you identify as a women and their accusation is transphobic because it was only made after they realized that had sex with a transgender person. Next.

  18. Why to illiberals hate due process so much?

  19. “plaintiffs include a fifth grader in Michigan who fears that her elementary school will not be required to formally investigate and punish her classmate for assaulting her four times over two months”

    Did her parents not report this to the police? What the fuck?

    1. What part of defund the police do you not understand?

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  22. why does the DOE exist? besides enriching the academic and “non profit” hustle class.

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  24. DeVos should have just rescinded all of the DOE guidelines and wrote a memo telling them to calls the cops for sexual assaults.

  25. Whatever the merit of the lawsuits, 5 year olds do NOT sue people. The parents of 5 year olds sue people in their children’s names.

    Seriously, my son was pretty advanced for his age, but no kid is an emancipated minor at 5. We should not pretend that a 5 year old is a real party to a lawsuit.

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