June 23, 2022

"The Biden rules expand the definition of what constitutes sexual harassment, and expand the types of episodes..."

"... such as incidents reported outside of their educational programming, that schools are obligated to investigate. The rules would also make live hearings optional, no longer a requirement, and allow schools to employ a process that establishes the credibility of the parties and witnesses, though it doesn’t require cross-examination. But one of the major changes in the Biden rule is the inclusion of sex-based harassment to include, 'stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity,' according to the proposed rules. The department will issue a separate regulation on how Title IX applies to athletics, including how schools should determine a students’ eligibility to participate on a male or female athletics team....  'The department recognizes that standards for students participating in male and female athletic teams are evolving in real time,' [Education Secretary Miguel A.] Cardona said. 'And so we decided to do a separate rule-making on how schools may determine eligibility while upholding Title IX’s nondiscrimination guarantee. I firmly reject efforts to politicize these protections and sow division in our schools'...."

I love how Cardona is taking a hard-core position — not for or against inclusion of transgender women in women's sports, but just against politicization and sowing division. That's bold.

53 comments:

Owen said...

Title IX has become a weapon to destroy even the notion of due process.

Free Manure While You Wait! said...

"The Biden rules expand the definition of what constitutes sexual harassment, and expand the types of episodes..."

Get back to us when it includes digital rape of a subordinate.

M said...

How many students are going to be rail roaded for calling someone gay? As even elementary kids do? My son came home from kindergarten ago asking me what that meant.

Now they are going to make it illegal and have Star courts over it. Lol. You think this is going to fly with the tough urban crowds of blacks, Hispanics, Irish and Italians? “Hey, we’re going to give little Jadyn, Mateo, Connor and Lorenzo black marks on their records for calling another kid gay. Oh, yeah. Way to keep the working and middle class on the team dumb@$$es. Not everyone is a white Karen. Even then do you think the majority of white women are going to sacrifice their sons on the alter of LGBT when they know now there is a way out? Not every white woman is so desperate for attention that they will turn their son into a daughter.

RoseAnne said...

I love how Cardona is taking a hard-core position — not for or against inclusion of transgender women in women's sports, but just against politicization and sowing division. That's bold.

Based on the information provided, I would say Cardonna is staking out his position and announcing anyone disagreeing with him is guilty of "politicization and sowing division" and he will not allow it. That's not bold; it is the standard operating procedure at least since 2015.

Justifiability people complained about Trump's name calling. Few also even mentioned labeling all Conservatives as deplorable, racist, sexist, misogynistic, homophobic, TERF and on and on insults. Sounds like more of the same from Cardonna.

Michael K said...

Trannies rule, at least until the fad shifts.

Enigma said...

The are trying very, very, very hard to placate a rabid hard left activist base and also write policies that will survive court rulings. I hope they aren't trying to serve too many masters, or lining up to be hoisted on their own petard of unintended consequences.

"Stereotyping is hereby banned." Snort and giggle.

natatomic said...

Wow, the comments over there are the most levelheaded and reasonable I think I’ve ever seen on an NYT article. Still a smattering of Biden-and-democrats-can-do-no-wrong comments, but they were in the vast minority.

If Biden & Co continue to double down on identity politics, well, it’s their funeral come November.

Lem said...

Title IX has become a weapon to destroy even the notion of due process.

These Supremes today seem eager to straighten shit out, and put the guvment back in its place.

HoodlumDoodlum said...

Is it bold?
Seems more like an extension of civility bullshit--a common tactic is to beg the question by preemptively declaring one's position non-political/non-controversial/"common sense" and using that to cast any opposition as itself the thing that politicizes or causes controversy.
Possibly I'm too cynical but I read that more as "we won't tolerate anyone sowing division (and by the way anyone not fully buying into our current, subject to change at any moment position/perspective is sowing division)."

Scott said...

Do you really believe this? I love how Cardona is taking a hard-core position — not for or against inclusion of transgender women in women's sports, but just against politicization and sowing division. That's bold.

It is all politics with these people, and Cardona will sow division like the rest of them. These new rules will damage people.

Ann - I do not believe you are gullible. But, here you seem to be.

RideSpaceMountain said...

Does that include Grandpa Felonyfingers sniffing hair and showering with sub-adults or not?

Birches said...

"expand the types of episodes..."
"... such as incidents reported outside of their educational programming, that schools are obligated to investigate."

Oh hell no.

Jersey Fled said...

Does it now include swimming naked in front of female Secret Service agents?

Owen said...

The added irony of Title IX is that its hellish procedures may be one of the earliest serious encounters of our youth with the “justice system.” First impressions are lasting ones; and the terror and cynical manipulation that they experience will permanently warp their lives. How wonderfully appropriate for the Department of “Education”!

lgv said...

"That's bold"

I hope that is sarcasm. Queue up the lawsuits. Accused will not get a hearing. They will not be allowed to cross-examine the accusers or witnesses. Those who will determine credibility will be pro-accuser. Another reason for the increase imbalance of college male/female enrollment.

The only ones safe from the inquisition will be pre-op trans females who assault females. They cannot be prosecuted.

Butkus51 said...

What about hugging and caressing little kids who dont know you? Thats still A-ok, isnt it?

Joe Smith said...

This is insidious totalitarianism...

Narayanan said...

Title IX has become a weapon to destroy even the notion of due process.
=====
is Title IX a political weapon? the rest follows inexorably

chuck said...

If you mark the public schools on a map you will discern the outlines of the gulag archipelago.

Yancey Ward said...

Did Althouse just use the lowest form of humor?

Mike (MJB Wolf) said...

Progressive preference for kangaroo courts is reaching surprising levels. Did no one tell Biden how many young men have successfully sued schools for the Obama era rules like this that deprived them of due process? This is wrong and Cardona is a dick for pushing it.

JK Brown said...

Perhaps schools have some token value if the kid is athletic, but they actually interfere with the learning of academic students due to the lack of teachers being permitted to enforce discipline.

If you kid wants to learn and become educated, your only hope is home school. Private schools are just as bad on discipline which feeds the Gen Z disruptions.

Ran across this yesterday. It's a teacher youtuber talking about her travails in trying to manage unruly students in her 8 years of teaching. This is from 2 years ago, she's now left teaching. The teacher shortage seems English-speaking world wide, as I found a 60 Minutes Australia report on teachers quitting from just last May

https://www.youtube.com/watch?v=HAax6ldtnc8

campy said...

Is swimming nude in front of unwilling witnesses harassment now?

Ann Althouse said...

@scott.

It’s sarcasm.

“I love” is usually a good tip off these days. It doesn’t mean I literally love.

Kate said...

"...pregnancy or related conditions..."

Denying a woman an abortion will now be official sexual harassment. That's one way to subvert an upcoming SCOTUS ruling.

Jupiter said...

School was a bad idea when the Prussians invented it, to turn peasants into factory workers and soldiers. But it worked as intended, until it was allowed to degenerate into Lord of the Flies with impotent adult observers. If anyone is wondering, home-schooling is actually a lot easier than they try to make it sound. And nowadays, there are all sorts of independent classes for things like math and writing. Mostly taught in churches, because the rent is cheap, but they're great classes, taught by dedicated teachers, because they like to teach, and full of smart, well-behaved kids.

n.n said...

What about hugging and caressing little kids who dont know you? Thats still A-ok, isnt it?

Normalize it, enforce it, then file class action lawsuits to profit from the collateral damage.

rhhardin said...

It would remove two of the five things that go into a good joke, mean and recognizable situation.

rhhardin said...

Sarcasm if a child's humor. Just say the opposite. If you said what you meant, you'd have to defend it. Leave it up to the other person to figure out what you think is wrong.

Meade said...

““I love” is usually a good tip off these days. It doesn’t mean I literally love.“

It doesn’t? But… wellll, ookay. Guess I’ll just make a little note of that.

*sigh*

cubanbob said...

The cure for this shit is the elimination of qualified immunity and absolute immunity. When officials risk losing their assets they will be less aggressive in pushing their agendas. If the Republicans were actually serious and were to hold Congress and the Presidency in 2025 the first thing they should is simultaneously abolish Title 9 and the Department of Education and NEA to encourage the others. But they won't because they aren't serious.

Maynard said...

The children must learn how to be good communists or face the wrath of the people.

Their punishments will be public but their trials will be held in secret, of course.

HoodlumDoodlum said...

Dang, I missed Professor Althouse's sarcasm, must be slipping!

Don't worry Meade, I'm sure she means it with youuuu.

KITH Sarcastic Guy

Real American said...

Leftists never think their radicalism counts as "politics". To them, the only thing that constitutes "politics" and "division" are the objections to the radical change they want to unilaterally impose on all of society without our consent or even debate.

Quaestor said...

I love how Biden continues to ignore runaway inflation, runaway illegal immigration, runaway fuel costs, runaway shortages of baby formula, tampons, and food* and the impending recession to coddle society's misfit psychotics. I love it (really) because it's one more nail in the Democrats' long-overdue coffin. 200 years is long enough.

Douglas B. Levene said...

Sounds like a good opportunity for the Court to dump Chevron deference and hold that the Biden rules violate the underlying statute.

WDOR said...

Does it include a former senator/now President showering with his daughter when she was a small child?

wendybar said...

How about repeatedly caressing any child you see in your path???

Not Sure said...

Democrats getting what they want by administrative fiat = democracy

Republicans voting to prevent what Democrats want = politicization

What's kind of surprising is how openly a cabinet secretary is saying this.

PB said...

It seems the new rules would enable a complaint for most anything.

Steven said...

I will again note, that denying biological males the opportunity to participate in any program on the basis of their sex is, in fact, actually outlawed by Title IX.

The only lawful guidance that can actually be provided on "how schools should determine a students’ eligibility to participate on a male or female athletics team", is that no one can be denied eligibility to join any school program on the basis of sex. Having separate "male" and "female" athletic teams has been illegal for fifty years now.

Leland said...

If standards evolve then they are likely not what they claim to be.

Friendo said...

We are fucked.

chickelit said...

M said...Now they are going to make it illegal and have Star courts over it. Lol. You think this is going to fly with the tough urban crowds of blacks, Hispanics, Irish and Italians?

Exactly the cohorts which are leaving the Dem party. The Dem party needs to expand to include only the childless coastal hacks who think they know better than anyone else.

chickelit said...

Quaestor said...I love how Biden continues to ignore runaway inflation, runaway illegal immigration, runaway fuel costs, runaway shortages of baby formula, tampons, and food* and the impending recession to coddle society's misfit psychotics. I love it (really) because it's one more nail in the Democrats' long-overdue coffin. 200 years is long enough.

Well said.

Jason said...

I love how Cardona is taking a hard-core position — not for or against inclusion of transgender women in women's sports, but just against politicization and sowing division. That's bold.

Is this parody? If so, it's brilliant.

Josephbleau said...

Beiden was in the senate for so long he learned to assume that his words and actions were irrelevant with respect to accountability. Presidents, and CEO's, know that you have to have an effective strategy including sequence of stages and supply/support to keep the country prosperous.

A teleprompter speech can be ok, but the speech should be 0.5% of your workflow. It is 99.5% of Beiden's workflow. The remaining 0.5% is shedding blame and implementing 10 year old political goals.

Protip: When you are President, don't use your press conference to tell the press that they were stupid for questioning you.

Josephbleau said...

President says, Next month we want to be here. In six months we want to be here. In 2 years we want to be here. How can we supply and support achievement of these goals.

Beiden says, trick F*ck all policy to create bump before mid terms.

realestateacct said...

The government's efforts to make life fair are destroying our culture. We are exchanging and high trust, tolerant culture for a Karen state where bad pronouns are meterial for a Federal case.

mikee said...

If ever called to the school office and told you are accused of anything,
1. Say nothing except, "I take the Fifth!" and "I want my lawyer here now!"
2. Record every word said.
3. Leave if they object to 1 or 2.

paminwi said...

This stuff reeks of the 3 boys in Kiel,WI who wouldn’t use the pronouns some “girl”wanted them to use.
Your child will be punished for not being politically correct. The Biden admin is going to shove this shit down your throat whether you like it or it.

RMc said...

How many students are going to be rail roaded for calling someone gay? As even elementary kids do? My son came home from kindergarten ago asking me what that meant.

Move to Florida, where they don't say gay.

Mr. T. said...

The courts have already said that cross-examination is a requirement.

This is just wasting time. These new protocols are unconstitutional on arrival.