Federal Sex Discrimination Harassment Against Universities

Trigger

The media recently reported about a 31 page letter by the Obama Justice department to the President of the University of Montana Missoula, Montana dated 5/9/2013.

Excerpts and comments from this letter (emphasis added):

1.       “Another complaint did not result in an equitable resolution because a University official, upon reinvestigation of the complaint, used the “clear and convincing evidence” standard in contravention of the Dear Colleague Letter’s directive to use the “preponderance of the evidence” standard to evaluate the complaint. The official’s analysis of the evidence found both the complainant and accused student to be credible and expressed a belief that this was “a case of differing perceptions and interpretations of the events in question.” However, other parts of the analysis questioned the complainant’s credibility.” (p. 17)
[The Feds are directing that a weak standard should be used to evaluate such a complaint?]

2.       ”Based on the United States’ analysis of twenty-three sexual assault and ten sexual harassment complaints to the University in the past three school years, interviews and emailed responses, some of which included older allegations of sexual assault, the United States determined that the University had not fully eliminated the hostile educational environment based on sex.” (p. 23)
[Nota Bene these are only complaints not proven cases of such conduct. Nota Bene that there were a total of 33 complaints in 3 school years at a university campus of about 15,000 students. This certainly means that sexual misconduct is rampant.]

3.       “The evidence established that substantial numbers of female students at the University reported incidents of rape or sexual assault, which were sufficiently serious that they interfered with or limited their ability to participate in or benefit from the school’s program.” (p. 23)
[Again (see above), these are only a few reported not confirmed incidents. The “evidence established” nothing other than that a few incidents were reported.]

4.       “To the University’s credit, beginning in December 2011, it proactively implemented a number of campus-wide steps to address the hostile environment created by the sexual assaults, prevent further harassment, and remedy the effects of the harassment on the affected students.” (p. 24)
[Just amazing how such a small number of reported incidents creates already a “hostile environment”. This is baloney!]

5.       “Conclusion … 3. [University to] take sufficient effective action to fully eliminate a hostile environment based on sex, prevent its recurrence, and address its effects;” (p. 30)
[Since it is impossible to fully eliminate what the Feds define as a “hostile environment” this is just preposterous.]

I did not read all 31 pages in its entirety, but I believe this letter does nowhere mention whether any police investigations or disciplinary measures or even any prosecutions occurred against the alleged perpetrators of these reported incidents. This is mindboggling!

Extremely One Sided – A Modern Sorcerer Hunt

What used to be superstitious witch hunts of the past has become a modern, sophisticated sorcerer hunt.

Sexual harassment/assault and hostile environment as understood by the Feds is extremely biased in favor of the victim that makes a respective allegation. The presumption of innocence is suspended. Mere allegations suffice to create a “hostile environment”.

The legal terms involved here are particularly prone to ambiguity and interpretation. Often there are no witnesses to the incident or allegations.

Male college athletes or fraternity members are nowadays considered sexual predators and hazing is the norm.

Some Thoughts

If I were an enrolled male student at a university that subjects me to or targets me for sexual assault/harassment training etc. I would refuse to participate. This is sex harassment and an insult to my intelligence and integrity. I would not even select such a university.

It is unbelievable how the federal government comes out swinging a big stick against a university based on such a few reports of ‘sexual assault and harassment’ and to treat this university campus as if it is crime infested, bad neighborhood. This is way too much!

Instead of subjecting the whole university and student body to onerous guidelines, training, etc. the Fed

I do not understand why so few universities in the US decline to accept any federal money, federal student loans etc. to keep this outrageous federal intrusion away from their campuses. Maybe there are more such universities out there, than I realize, but I suspect they are smaller and lesser know like Hillsdale College.