Is Title IX a Violation of Your Constitutional Rights?
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Is Title IX a Violation of Your Constitutional Rights?


Obviously, we’ve spent a pretty good amount
of time around here talking about the assault on free speech on college campuses. As I’ve said before, I believe this strike
against free speech to be one of the biggest problems we face today as we are breeding
a generation of young people who won’t be equipped to use logic and reason in their
own arguments when they graduate to the real working world. The university’s misguided use of safe spaces
and trigger warnings, coupled with violent protests and deplatforming or shouting down
speakers is actually robbing many of these students of literally the most important thing
they can learn in college…the ability to think for themselves. Instead of graduating as fully equipped adults
ready to fight for what they believe in because they know what they believe in they are being
coddled like children who might crumble at the mere hearing of an idea that challenges
them. This inability to debate ideas is leaking
out of the universities and into society at large. Celebrities spend all day on Twitter ranting
and raving about topics they don’t understand at all. Comedians, some of whom I know personally
and really like, have become the screeching lunatics they’re supposed to make fun of. Politicians talk a lot but don’t actually
do a lot, and the rest of us are left here trying to make some sense of what’s going
on. A great example of this is the Title 9 fiasco
which took root on college campuses over the past few years. Title 9 is part of the Education Act of 1972
which states that “No person in the United States shall, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under
any education program or activity receiving Federal financial assistance.” That sounds pretty good right? What we should be going for here is an even
playing field of equal opportunity. Title 9 doesn’t guarantee equal outcome, which
is where hard work, perseverance and sometimes luck comes into play, but it does guarantee
that whether you’re a man or a woman, you won’t be discriminated based on your sex. This straight forward law of equal opportunity
changed under the Obama administration when in 2011 and 2014 he issued new guidelines
on how schools should deal with cases of sexual assault on campus. While I believe Obama’s intentions were good,
the law in effect circumvented our system of due process. The Obama administration’s policy used the
preponderance of evidence standard in cases of sexual assault— not the beyond reasonable
doubt standard — which reduces the burden of proof on anyone accused of sexual assault. This was a subtle but powerful change in how
we litigate these cases of sexual assault on campus and some would argue an outright
violation of the accused’s constitutional rights. Betsey DeVos, Trump’s Education Secretary,
recently rescinded these Obama mandates, and, judging by the celebrity and comedian critics
out there, Trump and Devos were not only anti woman, but suddenly pro rape as well. Christina Hoff Sommers wrote an excellent
piece in the Journal of Higher Education explaining why removing the Obama guidelines was actually
a win for due process and the constitution, an article I shared with some of the famous
people I saw ranting about Trump’s pro-rape policy. Of course nobody responded. We’ll link to Christina’s article below for
you to read for yourself. To unpack Title 9 I’ll be talking to author
and Professor Laura Kipnis today, as we unpack her own story of how Title 9 has affected
her both personally and professionally. Laura has been in right in the middle of the
Title 9 firestorm and our friends at Learn Liberty have sent her our way this week. Knowing what you’re talking about is a lot
harder than just screaming about how you feel about something, but a good education taught
me it’s worth the effort…

100 Comments

  • Edward Lauber

    An unknown official can write a letter to universities causing them to revamp how they deal with allegations of sexual assault. If there ever was a case to prove that government is no longer controlled by the people, this is it.

  • Sam T.

    Title 9 destroyed opportunities for wrestlers all over the country. I think its to fight for reinstatement at those schools where wrestling was taken. Female wrestlers are more prominent than ever and it's time to have male and female college teams for wrestlers. Doing so will create many jobs and educational opportunities for thousands of men and women who wouldn't otherwise have them.

  • ImmaterialDigression

    I read the article and the case mentioned is really weird and fucked up but I think it is clear there was miscarriage of justice even within the boundaries of the new rules of title IX.

  • Ben S

    It's difficult, as a former advocate in hospitals I've seen the aftermath of a lot of campus sexual assault victims. And I can say even with DNA evidence it's still difficult to get proof "beyond a reasonable doubt" that someone was raped. You basically need some combination of DNA evidence, witness, physical injury and a clear assertion from the victim that she was sober, clearly resisting and had little personal history with the perp. It's very difficult to get justice within the justice system for sexual assault so much so that many actual victims dont bother. That said its a VERY fine line that separates the current system that we have from one that can essentially ruin someone's chance at life over a false accusation. I don't claim to know the answer.

  • Cliff Lowell

    I don't like the term "Constitutional Rights"… It implies my rights are given to me by the government… When it fact my rights are inherent in my being. They are natural rights, the Constitution simply sought to limit how much the government was able to infringe upon those rights.

  • Tom Omara

    I must say, from being in the Social Studies Education program, I find that critical thinking, investigative research, and reasoning is way more stressed upon the new up and coming teachers than ever before. I am proud of that, however, The Social Science Education program consists of 30 students throughout the whole University that I attend. That number is shockingly low, which might be a large factor as to why people do not respect free speech, or rather do not view opposing opinions from their own as valid. I am not saying that Social Studies Education should be everyone's go-to major, but I do think social studies teachers play a big role in how the new generations will think. I agree that most Universities will lean left when thinking politically, although my personal experiences show signs of New and improved respect for critical thinking and differing opinions.

  • George Marc

    Only college students (male) don't have Constitutional Rights. Thank God, I'm not one of those gullible idiots. They even have to pay enormous sums for such abuse.

  • RayFlyer

    I was a college sophomore when Pres. Obama changed Title IX, and I was a "Peer Educator," so I was trained on our school's policies. I remember at the training someone asked what we do if both parties had been drinking, and the administration's answer was that if a male could achieve an erection, he wasn't drunk enough to be innocent. For heterosexual rape cases, we by default would trust the female over the male, and although statistically that's a pretty safe assumption, it still felt really wrong.

  • D1444 Kotchon

    I am a retired Canadian police officer and was in sex crimes as an investigator and supervisor. I am troubled by this whole issue. Sexual assault is a crime and should be investigated as such. Although there are issues with the justice system there are checks and balances. In this system you have administrators conducting investigations with no training or experience. You don’t seem to have the ability to have a legal advocate or the ability to challenge any assertions. I am troubled as I am now in education and a Canadian teacher was using this to teach her students with very little understanding of the law and facts. The students could take this info and come to the conclusion that a campus is unsafe which is not the case statistically speaking. In our city you would be more at risk taking a cab than going to a party. I am also troubled by how the US is deemed a rape culture when you have actual countries where there is a rape culture and it comes into conflict with western values when these males immigrate and bring this problem with them.

  • Benjamin Rood

    Just another “sounds good, show off how much we care” dumb lib policy with massively far-reaching unintended consequences which ultimately does no good at all and may make things worse. How many times do these people have to ignore Thomas Sowell before they will listen to him?

  • jonnbravo119806

    I don't think Obama cared of it was good, or bad. He was simply pandering. A lot of the things he said, and dos, we're just that. Like the way he spread lies, and half truths about the state of black Americans. Yet, when he left office, black Americans were in the worst spot, in several decades.

  • Red Baran

    When are you going to debate Sam Seder? Show him you're not someone just ranting and raving about things you don't understand.

  • kmg501

    I can tell you what is going on. The left is marching and by marching I mean that they are actively moving the Overton Window, that is what they have been doing for decades. That is why no matter how hysterical they get, they still win because they are moving that window. I'm not sure how you beat back insanity but I do know at some point a real societal collapse is going to happen and that it will be just as ugly and destructive as any societal collapse such as seen in Venezuela and other third world hell holes.

  • Serge Tell

    People have the argument of "This kids in college will have it rough when they graduate to the real world". Thing is, they're changing the "real world" as well, you get fire if you're not PC, you'll be a social outcast if you don't agree with the narrative, you can have it bad if you're not a multicultural representaion feminist company.

    To imply that the "real world" will make college kids realize something/have a bad time/stop their ideologies is just not true. The "real world" is changing the way they need it to be.

  • Michael Madsen

    Dave, you have become one of the mose profoundly stupid people I've ever seen. Are you capable of talking about anything but social justice pansies? Like the fact that we have an actual man-child in the White House? You're a one-trick pony dude, lame as fuck.

  • Adam Sneidelmann

    This title 9 expansion happened in the early 90's. In the Clinton administration. I remember the debate around it.

    Thanks Hilliary!!

  • Chris K

    You're missing out on FERPA. Look into the evils of FERPA please! It is at the basis of the removal of dominance hierarchy in American education.

  • meatrace

    You are fundamentally incorrect in your assumptions, Rubin. Title 9 exclusions are inherently extra-judicial; it's a decision made irrespective of criminal charges. Hence, the same due process is not owed these individuals.

    It would be like saying that I was fired for stealing from my employer without having been convicted in criminal court of doing so. There is no compulsion for my employer to only abide by external entities in making such decisions.

  • Yuuko's Faithful Husbando

    Funny how you can never give an opinion to someone when they put it out in the public, and they just scream at you and call you names… Then proceed to claim that YOU are the immoral person… College already has people in the work force that can't think for themselves or use logic. This has been going on for over a 100 years now. Proof our system works when others have the power to change the very system they claim to be against… While using the system.

  • Zack Hicks

    Two issues: 1) The notion that campuses across the country suppress free speech is exaggerated. In fairness, it exists but not to the extent as often discussed and certainly less in comparison to most workplaces. There is a reason unions have died, but this doesn't get nearly the amount of talk that students on campus do. The reason: It's politically strategic to frame Millennials as a generation of spoiled brats. 2) Dave speaks of the epidemic of the assault on free speech that results from making the burden of proof less rigorous. But what about the much larger epidemic of the assault of women on campus? As many as 1/5 college women are victims of sexual assault. Only a tiny percentage, however, actually ever get to see justice because everything else, aside from the preponderance of evidence standard, favors the defendant in ways that do not exist in most other types of cases. Without the lower standard of evidentiary support, there is little that can be done to give the victim a fighting chance in court. Consequently, the deterrent effect of punishment will be almost completely gone, sending a loud and clear signal to all prospective campus rapists. In effect, women, who just want an education and a platform to build successful lives, are likely to be deterred in some aspect of their behavior by the Department of Education's decision.

  • Weekly Narrative

    Title IX has been abused by majority-left leaning administrations and had disproportionately affected men in an institution where men are already suffering. End it!

  • GOOGLE TAQIYYA

    Look at how embarrassing it is to have joined the 'anti Trump no matter what' movement. Things are improving despite the leftard rants and obstructionism at a much greater pace than they did with Obama. The end of the world has not actually happened and we have not gotten into any new wars as many assumed as of yet. What choice do these sheeple have but to stick fingers in ears and screech until the cows come home? They made their beds and now they have to drag them around campus with them looking like the irrational buffoons they obviously are. Sucks to be a lemming I suppose.

  • G Hooghkirk HIGHLIFE

    Thank you ‼️👍🏻. Why can't anyone except the American history, facts and learn from the past. The censorship racism one sided argument agenda the teachers and professors are spewing is already in the mindset of all of this younger generations outlook. They are lost. The next generation of kids have to change or we are all fuked. God help us all 💥💀🇺🇸

  • Abu Antar

    Title IX is not only a violation of my constitutional rights as a man (i.e. right to due process), it's also a complete and total farce. My campus has a womens resource center, but no such services for men. That's a clear violation of Title IX, but will it ever be enforced? Yeah.

  • quezcatol

    ask lefties about immigration/islamic rape that has come to europe- suddenly we dont live in a rape culture anymore. or even more sick, suddenly women make up stories, according to them.

  • John Love

    It is funny that largely the same population that was crying "Bigots" and destroying West for denying "due process" to minorities, actually support denying actual due process to a minority (man).

  • Dom1118

    Title IX reform was one of the major reasons why I voted Trump. Too many people that I know or are close friends with have been stripped of their due process rights in college kangaroo courts.

  • Danielle Dovahsdottir

    Great article! I can see why someone thought a lessened requirement of evidence was a protective move. In cases of true assault, a person is already traumatized and simply may not have the ability for some time to recall events. By the time they can, has their brain altered the narrative, created false memories etc… It's painful to have to show evidence, like your body, and undergo an examination in order to discover the truth but it is necessary. We know from many examples that many women do make up assault charges for attention or to hate on a man or men. And just like an accusation of racism or pedophilia, that accusation does not easily go away even when a person is proven innocent. Evidence-based reasoning and following our Constitution is definitely the right path here.

  • devorahacts

    I'm not entirely aware of exactly what was in the Obama guidelines, but I think people are right to leave the prosecution of possible wrongdoers to the law. We have those laws for a reason. As far as other equal opportunity things, or to be more accurate equitable opportunity, I'm not sure everyone has the same needs so leveling the playing field may not be as simple as it looks. As an old style Liberal, I found these guidelines about campus rape a bit scary.

  • condew

    It would seem, then, that the problem with Titile IX is entirely due to the way it's interpreted by feminists; not only should it guarantee that women get all the sports they want, it should also guarantee that men get all the sports they want; it's not that the college or university spend the same for each _group_, it's that they spend the same for each _individual_; so if men's soccer has more participants than women's soccer, that sport should get proportionally more dollars. Sounds like Title IX was broken by a few executive orders, and can be fixed by a few executive orders; but while Democrats are out of power, perhaps Title IX should be fixed more permanently by legislation, including due process protections for those accused of rape and severe limits on the sanctions colleges can impose on students without clear and convincing evidence rather than "feelings".

  • Gustavo Hernandez

    Hey Mr. Rubin! Can you make a video on the proposed legislation to ban "devices that increase rate of fire" of semi-automatic weapons? I want the word to get out so this abomination isn't passed.

  • Flameroller, Pale Cislord

    Hmmm, let's see… men's rights groups have to go through the feminist groups to even have a group… but that's not a title 9 infringement or anything. /s

    Title 9 isn't really a problem, but how and by whom it's enforced most assuredly is. It's not actually about equal opportunity, it's a tool that those currently in political power are using to get more power for themselves. It's about giving special privileges and protections to those who fit a certain ideology. I'm sure most of your viewers know exactly which ideology I'm talking about here, but for those that don't… it's for social justice progressive ideology. It started with feminism, which adopted their "intersectional" stance and with intersectionality as a justification, moved on to GLBT, Minority etc. groups. But men? Whites? Straights? Nope. Title 9 is not applied to you. This is demonstrable in practice, even though it is not written that way in the legislation.

    This shit is a lot worse than people give it credit for. This is how authoritarianism starts; by changing the minds of the young to accept it as the way things need to proceed. If we don't stop this shit now, it's going to get much worse.

  • KoolAidPianist

    All the content creators, politicians, and general public who have somehow led us down this hellhole grew up in and are products of college campuses and a country that in your view, idolized and enacted free speech in a more holistic way. Not saying the current path is a solution but in the face of an extreme counterculture, it would be ideal to examine what their issues are and how to help them before bashing them. There is a limit to tolerance and I wouldn't advocate this stance for unreasonable monsters who want to cause harm and nothing else. But it would really help to genuinely examine the reasons we are here now instead of simply saying it's bad and we need to stop it.

  • iinRez

    Obama disregarded checks and balances for 8 years, "good intentions". . . . sure.
    The Constitution is is an obstacle to be overcome for todays' royal elite.

  • sarsamis

    "While I believe that Obama's intentions were good…"

    There is literally no reason to believe this. Consider the fact that groups like SAVE and FACE had been trying to talk to the administration about this for years, but were stonewalled every time. They allowed no dialogue on the matter whatsoever, even as mothers of falsely accused sons tried to be heard.

    Obama is a disciple of Bill Ayers'. Never assume he cares about this country.

  • Joshua Eames

    I am not sure that one's constitutional rights are necessarily implicated here. Title XI is a statute which is made by the legislature. For sure, the 14th amendment is necessarily implicated when talking about sex discrimination, but that doesn't seem to be the issue here. The standard of proof in an admin hearing about sexual assault is NOT a criminal hearing. You are accorded due process in the hearing, but that right is not unlimited. You do not get a full trial or unlimited discovery as you might in a criminal trial. It is more analogous to welfare benefits. See Goldberg v. Kelly.

  • James William

    The change to preponderance of evidence is for university executive committees making decisions on whether and how to punish offenders and is not a legal judgment. The decision was made because universities were found to have been sweeping clear cases of sexual misconduct under the rug when following the previous system

  • Max Taylor

    As a Briton, Title 9 doesn’t affect me directly, but there are already people trying to dilute the presumption of innocence (in sexual assault cases) and I think this is genuinely the most terrifying, directly harmful and morally bankrupt thing to come out of the regressive left.
    Makes me wonder when preponderance of evidence will become the standard for other crimes too

  • Katherine Kelly

    Mattress girl is a perfect example of the abuses that current Title 9 creates. She clearly sought out both revenge for being "Pumped and Dumped"  and built fame off of being a "Rape Victim". Mattress Girl is now helping out the anti-Trump #Resistance movement by posing in a BDSM art exhibit. Sulkowicz, who now goes by the pronoun "they is  berated with demeaning insults by a man referred to as "Master Avery. Title 9 empowers the corrupt and mentally ill to persecute innocent victims in the name of their own "victimhood" and Sulkowiczs evil is twofold because she puts at risk actual rape survivors who are less likely to be believed because of false rape claims combined with the destruction of an innocent mans life as the accused rapist. All in the name of a diseased need for attention through any means.

  • icutrauma1 RS6

    I disagree highly with you in regard to Obama's intentions were good. He never went back to make revisions of a policy that ruined young men's lives and may never get back on track. Mentally, physically, emotionally, spiritually. Obama gave ammunition to women by which those men may never trust women again and some may even remain bitter all their lives and project this anger towards women that are undeserving. Furthermore, Obama had at his disposal teams of lawyers and constitutional attorneys to confer for guidance to have avoided all the destruction his policies caused to university young men.

    No, I did not have any son in college that fell victim to this policy.

  • Dennis

    The thing in my opinion that is so crazy and seems not get enough attention is, what the hell are college campus' doing litigating or trying criminal cases of rape. Especially when rape can and is defined by the same feminist lefties running the kangaroo justice system, as a man merely looking askance at a women.

    IF there is a crime report it to the police. Universities are not court houses nor enforcers of the law. By acting as they are, they are issuing vigilantly justice.

  • monkeymox

    Appalling – the worse the crime someone is being accused of, the higher the standard of evidence should be to convict them. Completely stands to reason – just being accused of sexual assault, even if never proven, can ruin someone's life.

    In my country (UK), we're going through a period of scandal at the moment, with lots of MPs and Lords being accused of sexual harassment. The defence secretary just resigned because it's alleged that FIFTEEN YEARS AGO he made some sexually suggestive comments to a journalist and touched her knee.

    Now I'm a labour voter (yep, a left-wing Rubin fan, get over it) so I'm sort of glad to see trouble in the conservative ranks, but this is just stupid. I even heard the journalist who made the allegations say on the radio "if he's leaving because he touched my knee fifteen years ago, that's the worst reason for anyone losing their job in the history of the universe." Now some of the allegations which have come out about other politicians are pretty serious, but they should be dealt with in a court of law with the proper burden of proof on the prosecution, and if these people have committed sexual assault they should face justice. But when ministers are being forced to resign for unproven allegations of what could at worst be called inappropriate and unprofessional behaviour, at best flirting, that's insane. That's not even a shift to a preponderance of evidence standard, that's just allowing the court of public opinion to run rampant.

  • zepsett

    It's not MEN'S football, so it shouldn't count against anyone. Women are welcome to, and have been part of, college football teams going back decades. They're welcome to keep trying to walk on.

    I understand that access to these scholarships is limited due to limited access to high school football programs for girls, but that's not the problem of the colleges. Colleges are not linked, administratively, to high schools.

    We cannot keep cutting baseball and wrestling programs because of this. It's not in the spirit of the legislation, right?

  • C Alex

    Do you know when exactly was the “more likely than not” standard repealed and beyond reasonable doubt standard re-established regarding Title 9?

  • David Holmes

    I survived a Title IX investigation, and I was cleared, exonerated, found not guilty of anything. Yet the stigma persisted and I was not allowed to go into that area/building even after I was cleared. It appears that the only thing, and I mean only thing, that saved me was she was some sort of crazy and the women investigating me found in my favor (no men on that side of things). I was about 1 year from retirement. She left for other reasons so most of my last year was okay. I'm a Liberal but now when I see one of these stories I always hope the guy is guilty because if you are not even being cleared doesn't make it better, you still feel like crap. All it means is you keep your job. If I had been even 10 years younger I would have felt compelled to leave. They can't touch me now. My advice; avoid anything at work but official conversations. No work dating.

  • RipCityBassWorks

    You are missing a major point: the changes apply to university investigations and discipline, NOT to due process in a court of law. These changes were necassary because sexual assault is major issue on college campuses, and what better way to crack down on it than make it easier to go after the perpetrators.

  • Valeria R

    My boyfriend was wrongfully accused of rape ! Please be open minded and realized that males are also human beings and they have rights too . This lady Accused him of rape after having a threesome with us . Also accused him of forcefully kissing her at a party . All this accusations which by texts and by witness have been proven to be lies , and her story changes a lot which makes you think what’s her credibility lvl here ? Somehow tittle ix found him guilty ! Without even giving him a hearing , and as if that was not enough they suspended him . Unfair , let me tell you if I had a chance to express this whole story you would realize how much she has lied. Something to tell to this chick is REGRET IS NOT RAPE !! He is about to graduate after spending thousands of thousands to become his dream a computer engineer . Yet he is stressed and getting sick by the day because of this situation and even worse spending about 10k on lawyers fee to prove his innocence but seems like the university don’t care . They don’t even give him a chance . On the appeal meeting even the lawyer said I have never seen so uninterested people . 🥺if someone could hear his story and help out would be great .

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