Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.CitesClass[10]
  • Caselist.CitesClass[11]

Details

Caselist.CitesClass[10]

EntryDate

...	...	@@ -1,1 +1,1 @@
1		-2017-01-14 21:25:39.413
	1	+2017-01-14 21:25:39.0

Caselist.CitesClass[11]

Cites

...	...	@@ -1,0 +1,16 @@
	1	+Harassment cases persist because of a lack of clarity in requirements – a commitment to accountability is key. Saha 8/22
	2	+
	3	+MADHUMITA SAHA The writer is an academic-turned journalist. She taught history at Drexel University and New York University before joining WION. Mon, 22 Aug 2016 http://www.dnaindia.com/world/column-academia-s-feet-of-clay-sexual-misconduct-and-gender-discrimination-in-schools-2247826
	4	+
	5	+
	6	+In the present context, Tyann Sorrell ’s recourse to legal action seems an obvious choice. But the legal history of sexual harassment shows that the road to public protest had been tough and long. Professor Carrie N. Baker shows in her book, The Women’s Movement against Sexual Harassment, how characterizations of sexual behaviour in workplaces have evolved from being considered a moral problem of a working woman, to a social problem of male lust and seduction, and eventually in the 1970s, such acts came to be interpreted as acts of violence against women and a violation of women’s civil rights.¶ In response to public awakening to the issue, the judges ruled in the William v. Saxbe federal court case of 1976 that sexual harassment is a form of illegal sex discrimination under Title VII. Before this verdict, the US courts were of the opinion that sexual harassment was merely disharmony in a personal relationship, the result of personal urges of individuals, and not part of company policy.¶ We trust in numbers: quantifying sexual harassment in the campus¶ ¶ American universities with the most reports of rape, 2014¶ University campuses are particularly vulnerable to sexual harassment of various types. Different sorts of authorities - formal, informal, achieved as well as ascribed- are exercised over students, assistant professors, and administrative assistants. According to the federal campus safety data, nearly 100 US colleges and universities had at least 10 reports of rape on their main campuses in 2014, with Brown University and the University of Connecticut tied for the highest annual total of 43 each.¶ Recently, Association of American Universities (AAU) conducted a Campus Climate Survey on Sexual Assault and Sexual Misconduct among 150,000 students at 27 schools, including most of the Ivy League. Of the female undergraduate student respondents, 23.1 per cent informed the surveyors that they have experienced sexual misconduct due to physical force, threats of physical force, or incapacitation.¶ 2¶ Per cent of college students reporting sexual assault, 2015¶ One of the most disturbing revelations of the survey indicates that overall rates of reporting to campus officials and law enforcement were rather low.¶ Depending on the specific type of sexual harassment, only five per cent to 28 per cent of respondents claim to have reported their experience of sexual harassment to the appropriate authorities. According to the AAU Climate Survey, the most common reason for not reporting incidents of sexual assault and sexual misconduct was that it was not considered serious enough. Among other reasons, students cited they were “embarrassed, ashamed or that it would be too emotionally difficult,” and because they “did not think anything would be done about it.”¶ Taking it from here to a safer future¶ There is nothing peculiar about sexual harassment and misconduct in the US educational institutions. Embedded in the similar kind of power structure, I am sure, such acts of sexual transgression is common enough occurrence in any university under the sun. So, let’s not point a finger and try to make a case of western sexual promiscuity out of it; we are all living in fragile glass houses.¶ On 14 December 2015, Smriti Irani, the former human resource and development minister of India reported, that as per University Grants Commission (UGC), there have been 295 cases of sexual harassment against women during 2014-15 in various institutes of higher learning in India.¶ As various scholars and activists working on sexual misconduct have already pointed out, we have to be aware that even when a sexual assault has not taken place, a person can experience sexual harassment; a hostile, offensive and intimidating atmosphere - created in academic spaces - does count as sex harassment too.¶ Women belonging to minority groups of different race, caste, and religion are more vulnerable. As are people belonging to the third gender.¶ While acknowledging that women are more vulnerable to sexual conduct, we also need to come up with regulations that look into the harassment suffered by other genders too. Recently, the UGC has taken the right step towards this direction when it introduced the first gender neutral regulation on sexual harassment in India. Under this regulation, both male students and students of the third gender in universities can lodge complaints against sexual harassment faced by them.¶ Tyann Sorrell 's case, and similar other cases reported from academic institutions, should be used to create greater awareness. Sexual harassment is indeed ubiquitous; such heinous crime is not solely committed by blacks, poor and the uneducated, as is widely perceived. Power is deeply entrenched in such actions and, thus, the perpetrators often come from the most privileged section of our societies.
	7	+
	8	+Successful lawsuits force school accountability to fight harassment. Silbaugh 15
	9	+
	10	+Silbaugh, Katharine Law Alumni Scholar¶ BA magna cum laude, Amherst College¶ JD with high honors and Order of the Coif, University of Chicago¶ . "Reactive to Proactive: Title IX's Unrealized Capacity to Prevent Campus Sexual Assault." BUL Rev. 95 (2015): 1049.
	11	+
	12	+In March of 2013, President Obama signed a re-authorization of the¶ Violence Against Women Act.97 Within the re-authorization were amendments¶ to the Clery Act, which requires educational institutions to disclose statistics¶ about the number of sexual assaults on campus in an annual report that must be¶ distributed to students and prospective students, engaging market pressures to¶ press universities into addressing sexual assault.98 The amendments to the¶ Clery Act (entitled the Campus Sexual Violence Elimination Act, or SaVE¶ Act)99 strengthen reporting requirements and go beyond DOE’s¶ “recommendation” that colleges educate staff and students to require¶ educational institutions to educate staff and students about campus sexual assault, including statements that sexual assault is prohibited, definitions of¶ sexual assault and consent, bystander tools, and awareness programs for new¶ students.100 The Clery Act is enforced by the DOE primarily through fines, but¶ it is not a part of Title IX. While the focus of the Clery Act remains the¶ accurate reporting of crimes, it will serve as a limited and defined mechanism¶ for getting colleges to introduce education and prevention strategies to¶ students. However, the Clery Act, unlike Title IX, does not mandate equality in¶ the provision of education; a school can check off requirements under the new¶ Clery Amendments without evaluating their efficacy or revising them toward¶ the particular goal of equal educational opportunity. Title IX has a far greater¶ capacity to address sexual assault prevention because colleges could be¶ compelled to take whatever reasonable steps can be shown to reduce assaults,¶ or combination of steps as research about efficacy continues to develop. The¶ DOE has the ability to develop a far more comprehensive approach to assault¶ prevention under Title IX than the specific prescriptions the Clery¶ Amendments mandate.¶ Does the Gebser framework constrain Title IX from doing prevention work?¶ Not for the DOE. To the contrary, the DOE has effectively used Title IX to¶ change campus culture more broadly already. Consider Title IX as the rest of¶ the world has: as sports law. Title IX applied pressure on institutions to offer¶ equality in programming and in the educational experience. Differences in¶ interest in participation couldn’t be offered as an excuse for noncompliance¶ with Title IX: if there was not a culture of sports for girls and women, schools¶ needed to create that culture to ensure equality.101 While it was not smooth¶ sailing throughout, schools largely achieved that cultural shift. This may have¶ been possible because relative to other institutions, schools are good creators¶ of culture. When schools first tried to say that they simply found the world as¶ is, with girls not wanting to participate in sports at the rate boys did, the DOE¶ pushed back. In response, schools became creative at expanding and¶ cultivating interest in sports among girls and women. The social change around¶ girls in sports resulted in large part from a charge to schools to cultivate that¶ change, taking concrete steps that would have the effect of changing cultural¶ dynamics. The colleges faced cultural resistance to change and allegations that¶ they were going too far in redesigning athletic programs and opportunities,102 much as colleges do today as they deliberate over the right sexual assault¶ prevention measures.103 But they demonstrated a powerful ability to transform¶ the culture and expectations of equality in sports participation.¶ Title IX operates primarily as a spending clause regulation overseen by the¶ DOE. The DOE should not have felt constrained by the doctrine developed to¶ address the individual cause of action. If poor reaction in response to an actual,¶ individual sexual assault can give rise to an individual cause of action, why¶ can’t high rates of sexual assault in a school’s population amount to sex¶ discrimination for purposes of DOE enforcement? If higher rates of assault¶ overall result when a school fails to take evidence-based steps to reduce the¶ overall rate of sexual assault, why wouldn’t the DOE nudge schools to be¶ proactive? What if schools have concrete tools at their disposal to reduce the¶ overall rate of assault? Isn’t that within the DOE’s enforcement purview?¶ Consider, by comparison, the legislative approach to school bullying. In the¶ past decade, nearly every state has passed laws addressing the obligations of a¶ school system to address incidents of bullying and to prevent bullying.104¶ While those statutes are aimed at both prevention and post-incident¶ intervention, the most recent and best-regarded statutes focus substantial¶ energy on requiring schools to deliver evidence-based bullying prevention¶ programming in an effort to reduce the amount of bullying within each¶ school.105 Prevention and culture change are at the core of these legal¶ interventions.106 Ideally, they would be at the core of the DOE’s approach to¶ Title IX’s guarantee of equal access to education on college campuses. Perhaps we are seeing the beginning of this exact reform: the DOE is¶ investigating schools, and, in turn, schools have stepped up their evaluations of¶ their own processes. If so, I would hope the next step will be a DOE guidance¶ on prevention measures, because to date, they’ve drawn colleges far into the¶ weeds on responses without adequately directing them toward prevention.
	13	+
	14	+AFF causes a snowball effect that makes first amendment defenses impossible to beat. Schauer 04
	15	+Schauer, Frederick David and Mary Harrison Distinguished Professor of Law. "The boundaries of the First Amendment: A preliminary exploration of constitutional salience." Harvard Law Review (2004): 1765-1809.
	16	+In addition to the properties of First Amendment claims that may¶ make them less likely to appear legally frivolous, the First Amend-¶ ment's magnetism may assist in ensuring that those claims will not¶ arise in isolation. There will often be multiple lawyers, multiple liti-¶ gants, and multiple public actors who perceive the virtues of the same¶ opportunistic strategy at roughly the same time, or who even may be¶ in active coordination with each other - as with the multiple chal-¶ lenges to the "Don't Ask, Don't Tell" policy, the proliferation of First¶ Amendment rhetoric surrounding legal arguments regarding computer¶ source code, and the panoply of parallel claims about First Amend-¶ ment limitations on copyright. When this is the case, the multiplicity¶ of individually tenuous claims may produce a cascade effect160 such¶ that the claims no longer appear tenuous. The combination of, say,¶ four scarcely plausible but simultaneous court challenges and twenty¶ scarcely plausible public claims of a First Amendment problem could make all these individually implausible claims seem more credible¶ than they actually are.161 From the standpoint of an interest group¶ seeking to achieve change and to mobilize public support or the sup-¶ port of other interest groups,162 winning is better than losing publicly,¶ but losing publicly is perhaps still preferable to being ignored.¶ Once the claim or argument achieves a critical mass of plausibility,¶ the game may be over. Even if individual courts reject the claim, the¶ multiplicity of now-plausible claims may give the issue what is re-¶ ferred to in inside-the-Beltway political jargon as "traction" and in¶ newsroom jargon as "legs." Interestingly, this phenomenon sometimes¶ survives even authoritative rejection of the claim. With respect to the¶ argument that hostile-environment sexual harassment enforcement has¶ serious First Amendment implications, for example, neither the Su-¶ preme Court's rejection of this argument in dicta in R.A. V v. City of¶ St. Paul163 nor the Court's silent dismissal of the same claim in Harris¶ v. Forklift Systems, Inc.164 has slowed the momentum of those who¶ would wage serious First Amendment battle against hostile-¶ environment sexual harassment law.'65 Similarly, decades of judicial¶ rejection of the argument that copyright law must be substantially re-¶ stricted by the commands of the First Amendment have scarcely dis-¶ couraged those who urge otherwise; and in some respects the Supreme¶ Court's recent decision in Eldred v. Ashcroftl66 can be considered not a¶ defeat, but rather one further step toward the entry of copyright into¶ the domain of the First Amendment: the Supreme Court did grant cer-¶ tiorari, in part to determine "whether ... the extension of existing and¶ future copyrights violates the First Amendment;"'67 and the seven-¶ Justice majority, as well as Justice Breyer in dissent,'68 acknowledged¶ that the First Amendment was not totally irrelevant.

EntryDate

...	...	@@ -1,0 +1,1 @@
	1	+2017-01-14 21:25:39.857

Judge

...	...	@@ -1,0 +1,1 @@
	1	+Kathy Bond

Opponent

...	...	@@ -1,0 +1,1 @@
	1	+Katy Taylor

ParentRound

...	...	@@ -1,0 +1,1 @@
	1	+9

Round

...	...	@@ -1,0 +1,1 @@
	1	+2

Team

...	...	@@ -1,0 +1,1 @@
	1	+Polytechnic Liu Neg

Title

...	...	@@ -1,0 +1,1 @@
	1	+Harassment DA

Tournament

...	...	@@ -1,0 +1,1 @@
	1	+harvard westlake