OCR to Frostburg State University: Common Sense, ‘Reasonable Person’ Standard Violate Title IX
Reason discusses the sexual harassment policy announcement from Education Department's Office for Civil Rights with Hans Bader.
In holding "common sense, "reason," and "reasonable persons" in contempt, OCR is effectively saying that colleges should base their decisions on the perspective of an unreasonable person. That's what is required to produce the agency's desired result: unreasonable people using something other than common sense.
The Competitive Enterprise Institute's Hans Bader tells me via email that this declaration is at odds with court precedent.
"Never mind that the Supreme Court's decision in Harris v. Forklift Systems (1993) uses a 'reasonable person' test, and the Eleventh Circuit in Watkins v. Bowden said the test is valid," Bader writes.
Read the full article at Reason.