The Education Department Finally Crushes The Obama-Mandated Campus Sexual Assault Kangaroo Courts, And Joe Biden Is Deliberately Trying To Make My Head Explode

Shut up, Tara, I’m talking about how victims of sexual casualty are being silenced here!

This one was so clear that the New York Times decided to play it straight. Let’s see if the Biden campaign makes them change the headline: DeVos’s Rules Bolster Rights of Students Accused of Sexual Misconduct. It begins:

Education Secretary Betsy DeVos on Wednesday issued final regulations on sexual misconduct in education, delivering colleges and schools firm new rules on how they must deal with one of the biggest issues that have roiled their campuses for decades.

The rules fulfill one of the Trump administration’s major policy goals for Title IX, the 48-year-old federal law that prohibits sex discrimination in programs that receive federal funding, bolstering due-process protections for accused students while relieving schools of some legal liabilities. But Ms. DeVos extended the reach of the law in other ways, establishing dating violence as a sexual misconduct category that must be addressed and mandating supportive measures for alleged victims of assault.

Title IX had become a flash point in recent years after sexual assault cases rocked high-profile universities like Stanford and Duke, and serial sex abuse by staff at the University of Southern California, Michigan State and Ohio State demonstrated how schools had failed to properly investigate complaints. But enforcement of the law has also grown contentious, especially since the Obama administration issued guidance documents in 2011 and 2014 that advised schools to ramp up investigations of misconduct and warned that their failure to do so could bring serious consequences. Critics said schools felt pressured to side with accusers without extending sufficient rights to the accused. And dozens of students have won court cases against their colleges for violating their rights under the Obama-era rules…

The new regulations adopt the Supreme Court’s definition of sexual harassment as “unwelcome conduct that is so severe, pervasive and objectively offensive,” and they require colleges to hold live hearings during which accusers and accused can be cross-examined to challenge their credibility. The rules also limit the complaints that schools are obligated to investigate to only those filed through a formal process and brought to the attention of officials with the authority to take corrective action, not other authority figures like residential advisers.

Exactly. Ethics Alarms has covered many of these episodes, and pointed out the anti-due process aspects of the Education Department’s infamous “Dear Colleague” letter when it was issued. That sop to the militant feminist and anti-male wing of the Democratic Party threatened schools with adverse consequences if those accused of sexual harassment and assault were not presumed guilty, with their reputations and education at risk. The burden of proof was shifted on most campuses, with the accused, rather than the accuser, having the burden of proof. Continue reading

Evening Ethics, 5/5/2020: Women And Hypocrites [CORRECTED]

Sit a spell, Take your shoes off.

1. What does this tell you, Elie? Come on, I know you can figure it out...Elie Mystal, the emotional lawyer turned social justice warrior who used to embarrass “Above the Law” with his unhinged rants (like the time he announced that no black juror should ever vote to convict a black defendant regardless of the evidence) finally ended up where he belonged all along, the far-left Communist-flirting The Nation. He just issued a post that raises a legitimate issue, despite a typical Nation headline ( “The Men Pushing to Open the Economy Clearly Don’t Need Child Care”).

Closing the schools does indeed make it impossible for many Americans to go to work; this was obvious (wasn’t it?) as soon as schools started closing due to the Wuhan virus. His most useful observation: how are we going to send people back to work without addressing the school problem, and doesn’t that have to be addressed in order to open up the economy? Ellie, who is being  Daddy-child care in the division of duties in his family (good for him) writes in part,

As of this writing, 43 states have closed schools through the end of the academic year. …For most families, there is no child care without school. In America, school is pretty much the only free or subsidized child care our government provides. Without reliable, affordable, and Covid-free child care, going back to work is simply not an option for many parents. The school closings only deepen a reoccurring problem most parents face: the summer. In a society that has decided to outsource child care responsibilities to the school system, the fact that this system goes on an annual months-long holiday is already a nightmare for working parents.

After that, Ellie being Ellie and The Nation being The Nation, we get indictments of unfeeling male policy-makers (“I bet if we elected more women, the order of operations for reopening the economy wouldn’t be so ass-backwards”—Did you check how many states with female governors shut down the schools, Elie? I didn’t think so) and, of course, a call for more subsidized child care, because it takes a village to raise a child and because you never let a crisis go to waste.

I bet, if he thinks real hard, Elie can come up with another, less expensive, easier to implement plan that will address the problem, at least for now. Come on, man. Think.

2. Incompetent  #MeToo  Hypocrite Of The Year. I can’t believe I once advocated Michigan governor Gretchen Whitmer as the best female VP option for Joe Biden since he has announced that he will be choosing the most female individual rather than the most qualified one. In addition to being one of the elected officials the pandemic has exposed as an aspiring dictator, she’s the state house version of Kamala Harris: ask her a question requiring thought and a clear response, and you get obfuscation and double-talk. Here’s the exchange that won her title,  from last Sunday’s ” State of the Union.with Jake Tapper:

TAPPER:  “You have said that you believe Vice President Biden. I want to compare that to 2018, when you said you believed Dr. Christine Blasey Ford after she accused now Justice Brett Kavanaugh of assault. Kavanaugh also, like Biden, categorically denied that accusation. And Blasey Ford, to be honest, she did not have the contemporaneous accounts of her view of what happened that Tara Reade does. You have spoken movingly about how you’re a survivor — survivor of assault yourself. Why do you believe Biden, and not Kavanaugh? Are they not both entitled to the same presumption of innocence, regardless of their political views?”

WHITMER: “You know, Jake, as a survivor and as a feminist, I will say this. We need to give people an opportunity to tell their story. But then we have a duty to vet it. And just because you’re a survivor doesn’t mean that every claim is equal. It means we give them the ability to make their case, and the other side as well, and then to make a judgment that is informed. I have read a lot about this current allegation. I know Joe Biden, and I have watched his defense. And there’s not a pattern that goes into this. And I think that, for these reasons, I’m very comfortable that Joe Biden is who he says he is. He’s — and you know what? And that’s all I’m going to say about it. I really resent the fact that, every time a case comes up, all of us survivors have to weigh in. It is reopening wounds. And it is — take us at our word, ask us for our opinion, and let’s move on.”

Weasel, hypocrite, coward, dim wit.

To be blunt.

  • She had to know she would be asked this question, and the best she could come up with was, essentially, “How dare you ask such a question–I’m a survivor!” and “move on”? Translation: “I have no answer for that question other than the obvious fact that Biden’s a Democrat and as a Democrat I apply different standard to him than I do to Republicans. And you, as a member of the mainstream media, our party’s ally in defeating the Bad Orange Man, are supposed to have our backs.”
  • But Reade has not been given a chance to make her case. Blasey Ford got a national forum. How has Reade been vetted? Whitmer is just throwing up any excuse she can think of whether it makes sense or not.
  • Oh, no! Pelosi’s “I know Joe Biden” defense? That’s the best she can do? Among other things, Whitmer doesn’t know Joe Biden especially well. There are spouses of serial killers who don’t know what their husbands are capable of, and she’s saying that the accused should be exonerated because their friends and relatives can’t imagine him doing what has been alleged?

Continue reading

The Knight-Gallup Freedom Of Speech Survey

A survey just released by the Knight Foundation and Gallup shows that More than 75% of the college students surveyed want “safe spaces” on  campuses that are free of “threatening actions, ideas, or conversations.” However, a majority of the same students support President Trump’s threat to withhold taxpayer dollars from universities that restrict speech.

Though 97% of college students believe that free speech is “an essential pillar of American democracy”, a  majority of students support policies to restrict of speech on campus. 78% of students support “safe spaces” where threatening ideas and conversations would be barred. 80%  favor the establishment of a “free-speech zone” where pre-approved protests and the distribution of literature are permitted. Continue reading

Monday Morning Warm-Up, 5/4/2020: Six Reasons To Be Cynical [Corrected]

“May The Forthe be with you!”

As Daffy Duck would thay…

1. Following a familiar unethical pattern...Eva Murry’s allegation about Joe Biden making a remark about her breasts at a political even when  she was 14 seems to have been decisively debunked. Biden’s schedule shows he didn’t attend the event, and the chair at the time confirms he wasn’t there.

What would possess someone like Murry to be so vocal and self-righteous about something that didn’t happen? As with the Kavanaugh mess, subsequent fake stories undermine the main one. Even though they have nothing to do with each other, Murry’s fiction, if Biden really didn’t attend the event, increases cynicism about Tara Reade’s account.

2. What a surprise…Harvard’s dedication to feminism stops at the bank vault. Harvard, while it was violating the constitutional rights of male students by punishing them if they belonged to men-only clubs off-campus, was also giving aid and comfort to convicted sex trafficker Jeffrey Epstein. The regime of first female Harvard President Drew Faust was full of dubious and virtue-signaling measures to ensure the esteemed university was sufficiently woke, including discriminating against one ethnic group (Asian-Americans) to elevate another ethnic group (African-Americans). Yet when it came to its attitude toward an infamous sexual predator, what mattered to Faust and Friends was, you guessed it, money.

Epstein, who was provided his own office at the school following his 2008 sweetheart plea deal that incredibly allowed him a quick release from prison to continue his <cough!> hobby, visited the campus more than 40 times between 2010 and 2018 often accompanied by young women who acted as his assistants, according to a report on the Harvard-Epstein alliance released last week. Apparently Epstein’s primary value to Harvard was connecting academics and scholars with financiers, VIPs and other sources of contributions, including Wall Street wheeler-dealer Leon Black, the founder and chief executive officer of Apollo Global Management Inc., one of the world’s largest private equity funds. Epstein also provided access to his pal Bill Clinton and retail billionaire Leslie Wexner. Continue reading

Now THIS Is Trump Derangement Syndrome….Also Racism, Insufferable Arrogance, And A Good Reason Not To Let Your Kid Go To Rutgers

Dr. Brittney Cooper is an associate professor in the Department of Women’s, Gender and Sexuality Studies at Rutgers University. Here are a series of tweets she sent outlast week:

Continue reading

Is There An “Incompetent At Zoom Porn Site-Frequenting Teacher Principle”?

No, but apparently the University of Miami thinks there is. The school’s business analytics professor John Peng Zhang was teaching a remote class on Zoom when he inadvertently revealed a bookmark on his internet browser that read, “Busty college girl fu…” to the class. One student pointed out the tab to others and  the students began taking photos and videos. Someone sent a complaint to the University’s ethics hotline.

The incident was investigated by the Office of the Provost, its Title IX investigator and the Miami Herbert Business School. A statement by the university said that the “University of Miami aggressively investigates all complaints of inappropriate behavior or sexual harassment,” according to NBC News.

Zhang resigned under duress or was fired.

Some students who have registered a petition on Change.org  laid out some of the reasons  why this decision is unfair: Continue reading

Morning Ethics Warm-Up, 4/30/2020: The “Let’s Have A Morning Warm-Up That’s Actually In The Morning” Edition

Good morning!

1. I have a theory on mainstream media bias deniers..Maybe it’s more sympathetic than they deserve, but I think people don’t notice how sloppy, incompetent and stupid reporters and pundits are because they don’t read newspapers carefully or consistently, and because other news sources are so packed with distractions and emotional manipulation (not that newspapers are not) that it’s hard to concentrate on the details. This is why I read the Times. I figure that it’s supposed to be the best, and if the best is stupid and biased (stupid makes you biased, and vice-versa), then we can be pretty sure that the rest are worse.

It is amazing how much disinformation the Times allows, or in many cases, promotes. Here’s a trivial but telling example: Sarah Lyall is a Times reporter who also writes a column reviewing thrillers in the New York Times Review of Books, wrote recently that she always wanted to be “the Henry Fonda” of a jury, “single-handedly” “exonerating” a “wrongly accused” defendant, like “Twelve Angry Men.” This is a factually and legally false description of Reginald Rose’s script. Juror 8 (Fonda) doesn’t “single-handedly” do anything except keep deliberations going. The defendant isn’t “exonerated”—all the jury does is collectively figure out that he wasn’t proven guilty beyond a reasonable doubt–you know, like OJ. And he probably wasn’t wrongly accused. In fact., he’s probably guilty. The whole point of Rose’s screenplay is that “probably” isn’t enough.

Newspapers are supposed to enlighten readers, not make them dumber. I know most people think that “Twelve Angry Men” is like mystery where someone is accused of murder and is proven innocent by a relentless sleuth, but it’s not. Did Lyall not really watch the film, meaning she was lying, or did she not understand it, indicating that she should be judged too stupid to be a reporter? The same can be said of her editor. The Times can’t get the easy things right; why would anyone trust it to analyze more complex matters more reliably? Continue reading

Comment Of The Day: “Captain Crozier And The Ghost Of Billy Mitchell”

Eddie Rickenbacker

We have a lot of Michaels commenting here, and one of them, plain old Michael, I have had the honor and pleasure of knowing personally. In this fascinating Comment of the Day, he provides some fascinating details regarding Billy Mitchell’s trial, and some other perspective as well. The post immediately expanded by reading list.

Here is Michael’s Comment of the Day on the post, “Captain Crozier And The Ghost Of Billy Mitchell“:

As a cadet at the USAF Academy (class of 1969) I had Billy Mitchell  among my pantheon of heroes. Nonetheless, my philosophy professor, Col Malcolm Wakin, had us debate the ethics of the Billy Mitchell trial. He was not trying to get us to “an answer” (although it seemed pretty clear that the members of the Court were biased, and our debate centered more on Mitchell’s actions); rather, to engage in debate. It was one of the reasons he was my favorite Academy professors. Always probing. Always promoting open debate. This is a rather long intro, but I wanted the background of my own “ethics awakening” known.

Wakin was a major when he started promoting the idea that military academies should include philosophy departments. Other officers denigrated the idea, but the USAF decided to establish an Academy philosophy department and selected Major Wakin as its first department head. At the time, that meant a “temporary” promotion directly to full colonel! Therefore, not long after being called “silly” by many other officers, he outranked them. He was department head for many years, eventually retiring as a Brig General and being sought by many companies and the US Olympic Committee to provide ethics advice. Continue reading

“Nah, Academia, Mainstream Media And Social Media Aren’t An Increasing Threat To Free Speech!”

The Atlantic, the increasingly progressive culture and politics magazine, has offered its readers an article by Harvard law professor Jack Goldsmith and Arizona U. law professor Andrew Keane Woods called “Internet Speech Will Never Go Back to Normal: In the debate over freedom versus control of the global network, China was largely correct, and the U.S. was wrong.”

Yes, you read that correctly. Two distinguished law professors are celebrating Communist China’s censorship of the web in contrast to the U.S.’s silly approach, that crazy First Amendment thingy.  Here are some quotes to chill you to the marrow of your bones:

Covid-19 has emboldened American tech platforms to emerge from their defensive crouch. Before the pandemic, they were targets of public outrage over life under their dominion. Today, the platforms are proudly collaborating with one another, and following government guidance, to censor harmful information related to the coronavirus. And they are using their prodigious data-collection capacities, in coordination with federal and state governments, to improve contact tracing, quarantine enforcement, and other health measures. As Facebook’s Mark Zuckerberg recently boasted, “The world has faced pandemics before, but this time we have a new superpower: the ability to gather and share data for good.”

Proudly working with each other and the government to censor the web!

“But the “extraordinary” measures we are seeing are not all that extraordinary. Powerful forces were pushing toward greater censorship and surveillance of digital networks long before the coronavirus jumped out of the wet markets in Wuhan, China, and they will continue to do so once the crisis passes. The practices that American tech platforms have undertaken during the pandemic represent not a break from prior developments, but an acceleration of them.”

You might think that the two authors are sounding an alarm over this development. Uh, no. They write, Continue reading

Saturday Ethics Warm-Up, 4/25/2020: The Quiet Before The Storm

Something’s coming.

(I’d have the West Side Story song up, but for some reason WordPress hasn’t been letting me embed videos lately.) Do you feel it? I sure do…

1. Our incompetent leaders, Part 645, 991. The proper anti-virus conduct as modeled by Nancy Pelosi on TV last week: take off your mask, wipe your nose with your hand,

…and touch the podium. Members of both parties demonstrated similar Wuhan virus safety awareness:

2.  Meme Wars…

[Pointer: Steve Witherspoon (not Other Bill, as I erroneously stated originally. Sorry, Steve)]

…and this (from the Babylon Bee):

3. You know, I really don’t care what someone like this thinks about illegal immigration. In a review of a pro-illegal immigration book by illegal immigrant (OK, she’s a “Dreamer”)

Quick diversion: Education Secretary Betsy DeVos announced that “Dreamers”—people brought to the U.S. illegally as children—cannot access emergency funding set aside for college students who are enduring disruptions in their education because of the pandemic, because grants may only be given to students who are eligible for federal aid under Title IV of the Higher Education Act,  meaning U.S. citizens. Naturally, she is being attacked as cruel and racist.

It is the correct, responsible, legal and ethical decision.

So she is laboring under emotional difficulties, a law-breaker herself, and a liar. That’s some expert you got there. She’s also not very bright, based on this statement from her book: Continue reading