Category Archives: education

A Necessary Start

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Secretary of Education Betsy DeVos is on the verge of issuing actual rules (not “guidance” letters) directing the way in which colleges and universities must handle accusations of sexual assault.  These rules will include

  • the right of every survivor to be taken seriously and the right of every person accused to know that guilt is not predetermined
  • both the alleged victim and the accused would be able to inspect and review all evidence
  • All Title IX hearings would include cross-examination, which could occur in-person or by live stream, with campus adjudicators allowed to observe the demeanor of witnesses as they assess credibility
  • statements of anyone who refuses cross-examination could not be considered in the final determination Title IX judges would be required to consider both inculpatory and exculpatory evidence.
  • acknowledges that schools’ “treatment of both complainant and respondent could constitute discrimination on the basis of sex”
  • both the alleged victim and the accused would enjoy the same opportunities for appeal, and, if both parties agreed, administrators could offer informal resolution processes like mediation
  • universities could still use a weaker “preponderance of evidence” as the standard of proof, similar to civil cases, rather than a higher “clear and convincing evidence” standard.

The proposal is a good start toward redressing the inequities of the Obama administration’s infamous Dear Colleague Letter, but there remain a couple of serious weaknesses.

One is the continued use of the preponderance of evidence standard.  The problem with this is that accusations of assault, whether sexual or other, are accusations of felonies.  That demands the clear and convincing evidence standard.  Related to this is the investigation and adjudication itself.  Such accusations demand the police and a criminal court conduct the investigation and trial, not the school and its administrators.  Sexual harassment accusations also need a more serious standard of proof than 50%-plus-one-minim of belief.

And: as long as acquittals—however a college/university wants to style them—are appealable by the accuser, there still is no justice possible in the proceedings or the rules that structure them.

That Progressive-Democrats object even to this nod toward justice, though, is instructive for 2020 and what a Progressive-Democrat Congress and White House will do to individual liberty.

Bullying

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You can’t wear the clothes you can afford to buy, that are good quality, and that look nice without being ostentatious (you can’t wear your ostentatious rags, either, come to that).  That’s bullying, don’t you know.

That’s the attitude of the Church of England’s Woodchurch High School in northwestern England (it’s across the Mersey from Liverpool—yes, that Mersey).  They’re pretending to “poverty proof” their school, so they sent a letter to their students’ significant overseers (the institution actually refered to “parents/carers”:

As you are all aware from an email that was sent out yesterday, pupils will not be permitted to bring in Canadian (sic) Goose and Monclair (sic) coats after the Christmas break.

In the name of anti-bullying, then, this school’s management is going to bully a different group of kids.  Because clothes make the child, not what he’s taught about character.

Their hypocrisy stinks.

Hillary Clinton, School Curriculum, and Censorship

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The Texas State Board of Education had been considering dropping ex-Presidential candidate (among other accomplishments) Hillary Clinton (D) from its social studies curriculum.  Last Tuesday, the board voted 12-2 (plus one abstention) to keep her in the curriculum, for now.  The two nay voters had their reasons.

I just do not respect the woman.  As far as I’m concerned, she’s done a lot of detrimental things to our country.

And

The Benghazi thing did it for me.

I agree with those sentiments and more.  In addition to her handling of the Benghazi murders, her mishandling of classified material while using nearly exclusively a personal email server for official business in order to avoid being on the record and her slur against millions of Americans she considered racist and stupid for not considering voting for her stand out for me.

But that’s no reason to commit censorship.  On the contrary, that emphasizes the importance of teaching about Clinton, her misbehaviors, and her position as a political leader of a major political party.  Our children need to see how badly our politics—our nation—can go awry when we don’t think carefully about those we’re considering for leadership positions.  Our children need to see how badly we can go wrong when we select leaders based on gender or skin color rather than on merit and the requirements of the position for which we’re selecting someone.

Hillary Clinton presents, as the phrasing goes, a teaching opportunity.  She, especially, shouldn’t be ignored.

Race and College Admission

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During final arguments in the civil suit against Harvard over its use of race in its admission decisions, Harvard’s lawyers insisted that

plaintiffs had to prove admissions officers were motivated by racial animus….

This is a disingenuous argument, though. Racial animus isn’t necessary to get a disparate impact ruling.  With disparate impact established in the courts, for the time being, it’s clear that racial animus doesn’t have to be proved in Harvard’s bias case, either.

The Harvard lawyers weren’t through, though.

Harvard’s lawyers said race is only used as a preference among the most competitive applicants, in the same way exceptional musical talent can make a difference in admissions.

Here is the lie of the Harvard personnel. They deny race plays a role, yet they admit using race to play a role.

Beyond that, applicants’ musical talent (for instance) is entirely under those applicants’ control to acquire. Their race, however, is an accident of birth over which they have no control.  It’s an entirely irrelevant and valueless characteristic in determining merit.

Right Answer, Wrong Dissent

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The Washington State Supreme Court issued a ruling favorable to the State’s charter schools last Thursday.  The question before the court was whether those charter schools were violating the State’s constitution by receiving funding from the State’s lottery facilities.  Writing for the court, Justice Mary Yu wrote in plain words,

Charter schools are not rendered unconstitutional just because they do not operate identically to common school[.]

She expanded on that in addressing the plaintiffs’ argument that the charter schools lacked voter control, holding that, as The Seattle Times paraphrased her,

…”it makes sense” for charter schools not have local voter control because their funding source, unlike traditional schools, does not include local property tax levies.

Justice Barbara Madsen in dissent, wrote

They [charter schools] are not subject to local voter control and lack any direct accountability to the communities they purport to serve….

This is mistaken.  Charter schools are especially accountable to the communities “they purport to serve” because, unlike the case with public schools, those parents, those members of the served communities, those voters, easily can remove their children from a charter school and enroll them elsewhere.