Title IX and George Orwell
Remember the Junior Anti-Sex League?
[crosspost from http://pfpfp.org/2015/10/title-ix-and-george-orwell/]
Recently there has been much discussion of the ways certain aspects of Title IX are being implemented on college campuses. The latest entry is from Robert McClain at cleveland.com. Mr. McClain (presumably no relation to John McClain) opines in “The dark side of Title IX sexual-assault investigations” that college freshmen (not freshwomen) have much to worry about. Shortly we’ll write about Title IX and George Orwell. First, however, some background. Here are the first four paragraphs of Mc. McClain’s column:
As young adults settle in on college campuses around the country, they’ll experience new freedom to make mistakes. While we hope for good choices based on parental example, the fact is that most people learn only from painful experience.
Some will have their first brush with alcohol or drugs. An unlucky few will mix the two and awaken next to someone else in a room full of regret. That’s a horrible way to “win” the sexually-transmitted disease lottery or the pregnancy sweepstakes, but worse, it is also an invitation for Title IX of the Education Amendments of 1972 to levy permanent and devastating consequences to their future.
Under Title IX law, there is virtually no need to respect rules of evidence or constitutionally guaranteed rights to a speedy trial, a jury of one’s peers, the ability to confront and question witnesses or the provision for a capable defense.
Hello, Title IX; goodbye, Sixth Amendment!
Mr. McClain is far from the first to write about this. The case of “mattress girl” at Columbia University has become a cause celebré among both progressives and conservatives. (If you’ve been living in a cave for the past two years, a good summary of the issue is on Wikipedia. This also about the most neutral presentation you can find. Good conservative comments are at the National Review and Reason. Contrary viewpoints are found in several articles at Jezebel.com. And, of course, there is the case of the Duke University lacrosse team. In the Wall Street Journal, Dorothy Rabinowitz wrote eloquently about this.
In response to an article by Hans Bader at LibertyUnyielding.com: “College: Students must agree ‘why’ they had sex to avoid sexual assault charges,” David Burge (better known by his nom-de-blog Iowahawk) has this advice for college freshmen:
Title IX and George Orwell
You may remember a significant subplot of 1984. The Junior Anti-Sex League. Here are a couple of images from various sources:
And there’s even JASL swag:
That Orwell guy was sure smart. And, mostly because we don’t have to worry about consequences (old, happily married), we have to endorse this idea.