Sexual Harassment: Now the Bad News

Glenn Ricketts

  • Article
  • October 21, 2011

I guess I should have known it wouldn't last, when I posted some good news about sexual harassment procdeures here on Tuesday. Well, it didn't. As I learn from Hans Bader at the Competitive Enterprise Institute, Senator Pat Leahy of Vermont wants to amend the Violence Against Women Act - currently up for re-authorization - with a new provision that would codify the outrageous procedures mandated last spring by the Office for Civil Rights in the U.S. Department of Education. As stated in the following excerpt from Leahy's "discussion draft," colleges and universities, when adjudicating alleged instances of sexual harassment would be required to

(cc) apply the standard of proof recommended by the most recent Guidance issued by the Department of Education’s Office for Civil Rights; [p.69]

That's really, really bad, but I have to wonder if OCR's ukase is still worse. Leahy's amendment will at least receive some public scrutiny, and would also require passage in the House of Representatives. It might also draw attention to OCR as the source of these Orwellian procedures. We haven't heard the last of this, needless to say.

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