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1		-2017-02-24 09:05:14.893
	1	+2017-02-24 09:05:14.0

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Cites

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	1	+A: Public universities and colleges should either create policies, or reform their current policies on sexual harassment, to set strict harassment guidelines for in classroom behavior for teachers that prohibits speech that creates a hostile learning environment. They should also implement guidelines prohibiting student-to-student content that creates a hostile learning environment due to the sexual nature of the speech. These regulations will be enforced consistent with Title IX and VII of the Civil Rights Act. Dower 12 J.d
	2	+Dower, Benjamin. Assistant Attorney General at Texas Attorney General "Scylla of Sexual Harassment and the Charybdis of Free Speech: How Public Universities Can Craft Policies to Avoid Liability, The." Rev. Litig. 31 (2012): 703.
	3	+Sexual Harassment Policy for University Students¶ Students are prohibited from committing sexual harassment.¶ Sexual harassment for students is defined as:¶ (1) Words of a sexual nature directed at the person of the¶ addressee that, by their very utterance, inflict injury, provoke¶ resentment in the addressee, and tend to incite an immediate breach¶ of the peace. Breach of the peace, as contemplated by this provision,¶ is defined as public disorder that involves the outbreak of physical¶ violence.¶ (2) Unwelcome sexual advances, requests for sexual favors,¶ and other verbal or physical conduct of a sexual nature when¶ (a) submission to such conduct is made either¶ explicitly or implicitly a term or condition of an individual's¶ academic or employment status; or¶ (b) submission to or rejection of such conduct by an¶ individual is used as the basis for employment or academic¶ decision affecting such individual.¶ (3) Conduct of a sexual nature that is so severe and¶ pervasive-viewed both objectively and from the perspective of the¶ recipient of the remarks and considering the totality of the¶ circumstances-as to create a hostile learning environment.¶ Sexual Harassment Policy for University Employees¶ University employees are prohibited from committing sexual harassment.¶ Sexual harassment for university employees is defined as:¶ (1) Words of a sexual nature directed at the person of the addressee that, by their very utterance, inflict injury, provoke resentment in the addressee, and tend to incite an immediate breach of the peace. Breach of the peace, as contemplated by this provision, *746 is defined as public disorder that involves the outbreak of physical violence.¶ (2) Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when¶ (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s academic or employment status; or¶ (b) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decision affecting such individual.¶ ¶ (3) Conduct of a sexual nature that is so severe or pervasive~-~-viewed both objectively and from the perspective of the recipient of the remarks and considering the totality of the circumstances~-~-as to create a hostile learning environment.¶ ¶ Possible Addition¶ ¶ A university employee accused of sexual harassment stemming from speech conducted in the classroom may raise, as a defense, that his or her classroom expression was reasonably related to a legitimate pedagogical interest. If the employee is able to show by a preponderance of the evidence that his or her classroom expression was reasonably related to a legitimate pedagogical interest, the committee shall weigh the value of that interest against the harm of the alleged harassment in determining both guilt and punishment.¶
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	5	+The counterplan resolves a grey area within harassment law – right now professor speech gets protected under the first amendment. The counterplan shifts the precedent to take a stance against harassment. Marcus 08
	6	+Kenneth L Marcus Lillie and Nathan Ackerman Chair in Equality and Justice in America, Baruch College¶ School of Public Affairs. "Higher Education, Harassment, and First Amendment Opportunism." Wm. and Mary Bill Rts. J. 16 (2007): 1025.
	7	+These incidents highlight a puzzling phenomenon in contemporary constitutional¶ culture. The puzzle has been the relatively recent appearance and eager¶ acceptance, especially in higher education, of First Amendment or academic¶ freedom arguments in areas which had long been beyond their reach. For at least¶ the "first fifteen years of its development," the law of harassment had been wellunderstood¶ to regulate a sphere of constitutionally unprotected, proscribable¶ conduct, even when it incidentally included the use of words.2' Yet in recent years¶ free-speech arguments have become a favorite topic-changing device for defenders¶ of all forms of harassment, 22 especially in post-secondary education where many are¶ especially sensitized to issues of free speech and academic freedom. The tendency¶ to construct harassing conduct as speech has important ramifications since the¶ appearance of the First Amendment, with its powerful array of standards and¶ presumptions, augurs ill for any area of regulation which is brought within its¶ shifting boundaries. As Frederick Schauer put it, "Once the First Amendment shows¶ up, much of the game is over., 23 And indeed, arguably, the game may now be over¶ for harassment law, which is to say, free speech issues may have obtained too much traction in this area to be dismissed out of hand. On the other hand, it remains at¶ best unclear as to whether the First Amendment is even salient as to this area of law.¶ The appearance of the First Amendment in this area was likely hastened by¶ overreaching on the part of civil rights advocates who, during the 1980s and 1990s,¶ introduced campus speech codes which could not help but raise First Amendment¶ attention.24 For many years, this conflict played itself out in a series of arguments¶ about campus speech codes, which were devised to protect various groups from¶ expressions which might be considered offensive or "hateful."' While these codes¶ drew some support from academic commentators, 26 the courts generally found them¶ to violate the First Amendment and other commentators agreed.27 Interestingly, few institutions have withdrawn speech or harassment codes unless threatened with the¶ risk of litigation or faced with adverse judicial decisions, and many apparently¶ remain on the books.28¶ At the same time, however, most universities have also promulgated antidiscrimination¶ and harassment policies pursuant to the requirements of various¶ federal civil rights statutes (especially Title VI of the Civil Rights Act of 196429 and¶ Title IX3¶ " of the Education Amendments Act).3¶ ' Unlike hate speech codes,¶ harassment regulations (such as the federal regulations or public universities'¶ implementing policies) are not directly aimed at speech, although the harassing¶ conduct they regulate may include words.32 Given the prominence of speech¶ interests to the academic setting, however, free speech claims are now regularly¶ raised in response to various allegations of harassment; this is nowhere more true¶ than with respect to allegations of anti-Semitic harassment. Indeed, Justice Kennedy¶ once remarked in dissent that federal education harassment law is "circumscribed by the First Amendment,"33 and federal regulatory policy has assumed this to be so¶ for over a decade. 34 Nevertheless, there is reason to question the validity of this¶ assumption and the salience of free speech to the regulation of education harassment.¶ To the extent that harassment regulation encompasses some speech activities by¶ state actors on the basis of content, the most difficult constitutional question may be¶ whether First Amendment doctrine even applies to such questions or whether they¶ lay outside of the boundaries of First Amendment coverage. 35 This Article will¶ argue that the salience of the First Amendment to questions of academic harassment¶ is at best unsettled; that efforts to apply First Amendment doctrine to harassment¶ law may be seen as a form of what Frederick Schauer has described as "First¶ Amendment opportunism; ' 36 and that such efforts to extend the boundaries of the¶ First Amendment are ultimately unresolvable on the basis of constitutional doctrine¶ alone. Special attention is given to the recently resurgent problem of campus antiSemitism¶ because harassment allegations under this rubric have been subjected to¶ frequent, intense challenge as of late.37z

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	1	+2017-02-24 09:05:15.177

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	1	+any

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	1	+0

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	1	+Finals

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	1	+Northwood Arnold Neg

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	1	+jan feb harassment cp

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	1	+any