Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[22]
  • Caselist.CitesClass[22]

Details

Caselist.RoundClass[22]

EntryDate

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1		-2017-02-04 17:05:29.319
	1	+2017-02-04 17:05:29.0

Caselist.CitesClass[22]

Cites

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	1	+Title IX DA
	2	+Link
	3	+Title IX requires universities restrict speech or lose funding.
	4	+"Department of Justice: Title IX Requires Violating First Amendment." FIRE. FIRE, 29 Apr. 2016. Web. 24 Jan. 2017. AJ
	5	+The Department of Justice now interprets Title IX to require colleges and universities to violate the First Amendment. ¶In an April 22 findings letter concluding its investigation into the University of New Mexico’s policies and practices regarding sex discrimination, the Department of Justice (DOJ) found the university improperly defined sexual harassment. DOJ flatly declared that “unwelcome conduct of a sexual nature”—including “verbal conduct”—is sexual harassment “regardless of whether it causes a hostile environment or is quid pro quo.” ¶To comply with Title IX, DOJ states that a college or university “carries the responsibility to investigate” all speech of a sexual nature that someone subjectively finds unwelcome, even if that speech is protected by the First Amendment or an institution’s promises of free speech. ¶“The Department of Justice has put universities in an impossible position: violate the Constitution or risk losing federal funding,” said Foundation for Individual Rights in Education (FIRE) President and CEO Greg Lukianoff. “The federal government’s push for a national speech code is at odds with decades of legal precedent. University presidents must find the courage to stand up to this federal overreach.”
	6	+
	7	+Colleges that fail to comply with Title IX standards could lose funding.
	8	+Simon, Cecilia Capuzzi. Journalist for NY Times,"Fighting for Free Speech on America's Campuses." The New York Times. NY Times, 1 Aug. 2016. Web. 22 Jan. 2017. AJ
	9	+Universities investigated for violations of Title IX, or those that do not adequately investigate charges of sexual assault or harassment, face lengthy and expensive investigations — 246 cases are currently under investigation at 195 campuses. Those found guilty, public or private, could lose federal funding.
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	11	+Title IX demands that educational programs not discriminate against any students or employees.
	12	+"Title IX and Sex Discrimination." Home. US Department of Education (ED), Apr. 2015. Web. 23 Jan. 2017. AJ
	13	+Title IX¶The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that:¶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.¶Scope of Title IX¶Title IX applies to institutions that receive federal financial assistance from ED, including state and local educational agencies. These agencies include approximately 16,500 local school districts, 7,000 postsecondary institutions, as well as charter schools, for-profit schools, libraries, and museums. Also included are vocational rehabilitation agencies and education agencies of 50 states, the District of Columbia, and territories and possessions of the United States.¶Educational programs and activities that receive ED funds must operate in a nondiscriminatory manner. Some key issue areas in which recipients have Title IX obligations are: recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment. Also, a recipient may not retaliate against any person for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complaint action under Title IX. For a recipient to retaliate in any way is considered a violation of Title IX. The ED Title IX regulations (Volume 34, Code of Federal Regulations, Part 106) provide additional information about the forms of discrimination prohibited by Title IX.¶OCR’s Enforcement of Title IX¶OCR vigorously enforces Title IX to ensure that institutions that receive federal financial assistance from ED comply with the law. OCR evaluates, investigates, and resolves complaints alleging sex discrimination. OCR also conducts proactive investigations, called compliance reviews, to examine potential systemic violations based on sources of information other than complaints.¶In addition to its enforcement activities, OCR provides technical assistance and information and guidance to schools, universities and other agencies to assist them in voluntarily complying with the law. OCR’s Title IX Resource Guide PDF (501K) is a useful tool for schools and their Title IX coordinators to understand schools’ obligations under Title IX.¶For assistance related to Title IX or other civil rights laws, please contact OCR at OCR@ed.gov or 800-421-3481, TDD 800-877-8339.
	14	+Impacts
	15	+Federal funding is necessary to fund scientific research and to continue the Pell Grant program that grants financial aid to low income students.
	16	+"Federal and State Funding of Higher Education." A Changing Landscape. The Pew Charitable Trusts, 11 June 2015. Web. 24 Jan. 2017. AJ
	17	+States and the federal government have long provided substantial funding for higher education, but changes in recent years have resulted in their contributions being more equal than at any time in at least the previous two decades. Historically, states have provided a far greater amount of assistance to postsecondary institutions and students; 65 percent more than the federal government on average from 1987 to 2012. But this difference narrowed dramatically in recent years, particularly since the Great Recession, as state spending declined and federal investments grew sharply, largely driven by increases in the Pell Grant program, a need-based financial aid program that is the biggest component of federal higher education spending. ¶Although their funding streams for higher education are now comparable in size and have some overlapping policy goals, such as increasing access for students and supporting research, federal and state governments channel resources into the system in different ways. The federal government mainly provides financial assistance to individual students and specific research projects, while state funds primarily pay for the general operations of public institutions.
	18	+
	19	+Lack of financial aid hurts communities of color.
	20	+Flores, Antoinette. B.A. from Amherst, M.A. from George Mason University School of Public Policy, "How Public Universities Can Promote Access and Success for All Students." Center for American Progress. Center for American Progress, 9 Sept. 2014. Web. 24 Jan. 2017. AJ
	21	+The nation’s public universities—a key vehicle of upward mobility—must do more to even the playing field for all students. As it currently stands, students from the least advantaged populations earn degrees at a lower rate and are burdened with a greater portion of debt than their peers. However, some standout public universities are reversing these trends by committing to need-based funding, offering successful student support programs, and providing institutional leadership. As both communities of color and the poverty rate continue to grow, it is economically imperative to improve the value of college for the least advantaged students.

EntryDate

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	1	+2017-02-04 17:05:31.302

Judge

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	1	+Calen Smith

Opponent

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	1	+Harker KK

ParentRound

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	1	+22

Round

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	1	+1

Team

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	1	+Marlborough Coates Neg

Title

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	1	+Jan Feb-Title IX DA

Tournament

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	1	+Golden Desert