No Sex Talk Allowed: What's wrong with the Obama administration's definition of sexual harassment

No Sex Talk Allowed: What's wrong with the Obama administration's definition of sexual harassment

May 15, 2013
Originally published in The Atlantic

"Federal government mandates unconstitutional speech codes at college and universities nationwide," the Foundation for Individual Rights in Education (FIRE) accurately declares . . .

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Accused students may even be punished before any finding of guilt; as former OCR official Hans Bader observes, this is potentially an Alice in Wonderland "sentence first, verdict after" system: The DOJ/OCR letter states, "a university must take immediate steps to protect the complainant from further harassment prior to the completion of the Title IX and Title IV investigation/resolution. Appropriate steps may include separating the accused harasser and the complainant, providing counseling for the complainant and/or harasser, and/or taking disciplinary action against the harasser."