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Faculty: Sexual Harassment Policy Approved by Feds ‘Orwellian’
Washington Free Beacon ^ | Oct 2 2013 | Mary Lou Byrd

Posted on 10/02/2013 7:05:19 PM PDT by texas booster

Faculty members expressed alarm at new sexual harassment policies at the University of Montana approved by the Departments of Justice and Education.

Of special concern is a requirement that those professors who fail to complete training are being reported to the federal government.

Faculty members questioned exactly what information the university felt obliged to report to the DOJ and asked how the agency plans to use the information in a letter to University of Montana President Royce Engstrom, the Missoulian reported last week. They also asked what additional information the university would provide to the DOJ if the agency asked follow-up questions.

The Foundation for Individual Rights in Education criticized the new “unconstitutional” policy and the DOJ’s request for a list of faculty names.

“Not only has the federal government approved an unconstitutional speech code, it has demanded a list of the names of faculty members who don’t attend a training session about it,” said FIRE President Greg Lukianoff in a statement.

“The history of government officials’ compiling lists of dissenters is not a happy one,” said Lukianoff.

Requests for comment from the DOJ were met with the following response: “Due to a lapse in appropriation, messages received at this address will not be read or responded to until funding has been restored.”

Several faculty members relayed their concerns in phone interviews.

“The reporting of names of faculty to the DOJ, I think it’s monstrous,” said Stewart Justman, a faculty member at the university and a program director of the humanities department. It “clearly smacks of McCarthyism.”

Justman emphasized that he was speaking for himself and not representing others in his department.

He said he has many concerns with the new policy and has written three letters to the university administration. One response he received from Legal Counsel Lucy France did not assuage his concerns. Instead, she had a “conciliatory dialogue in her communications to me.”

According to Justman, the faculty was unaware that the settlement with the Feds was reached.

“The settlement was reached in complete secrecy, I had no idea. The first I knew of it, it was a done deal. Now my university is bound by this agreement,” Justman said.

“It tramples on the most basic principle of due process in many ways,” Justman said. He called the policy “completely Orwellian” and said that “basic due process of liberty was jeopardized in every step of this process.”

Among his many concerns is “anyone who reports a complaint is a ‘victim.’ It is clearly a presumption of guilt. It’s a pernicious assumption.”

Michael Mayer, a history professor at the university and a member of the Executive Committee of the Senate, said while the new policy is an improvement on the one issued in May, it still has major issues.

The new policy states the university may take “appropriate action” against a student or faculty member to “prevent the creation of a hostile environment” even if an investigation by the university fails to find the student or faculty member responsible for “discrimination or harassment that creates a hostile environment.”

“What they clearly are anticipating is taking action against someone who hasn’t committed sexual harassment,” Mayer said. “If someone’s innocent, they still could face action,” he said, adding that it is “pretty frightening.”

He said the new policy shows a “disregard for civil liberties and academic freedom.”

Justman said this is “but one in a series of affronts to the presumption of innocence, standards of evidence and norms of due process that have made their way into draft policy and procedure documents, to be fought one by one by vigilant staff.”

FIRE criticized the new policy.

“Students and faculty may face discipline even if they are cleared of harassment and discrimination charges. Couple these flaws with broad, vague definitions, and the result is that UM has vast discretion to silence students and faculty members, to the detriment of fairness, clarity, and free speech,” said Lukianoff.

Mayer also pointed out that students are required to take the tutorial, and they will be reported to the DOJ whether they comply or not.

“Everyone, the left, right, and center, says this is a bad idea,” said Mayer. “The sense of the country is this isn’t a good idea.”

Peggy Kuhr, vice president for Integrated Communications at the university spoke to the concerns of faculty that they will be reported to the DOJ.

“The president has heard those faculty concerns and is well aware of them, and he is responding. We are actively working with the DOJ, the Office of Civil Rights, and the faculty to address their concerns,” she said.

Kuhr indicated that no decisions have been made.

“I have no particulars at this point,” she said. She reiterated that the university president is “very aware of the concerns” of the faculty members and is working to address them.

She referred questions on the policy itself to France.

France did not respond to a request for comment.

The original policy introduced in May defined sexual harassment as “any unwelcome conduct of sexual nature” and would include “verbal” conduct.

After months of criticism, the new policy adopted by the university in August was less strict. It states, “sexual harassment can include unwelcome: sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including sexual assault.”


TOPICS: Culture/Society; Government; US: Montana
KEYWORDS: doj; montana; sexualharrassment
This all stems from an agreement between the university and the Feds regarding Title IX campus enforcement. Both faculty and students are required to attend training.

From an article in The Missoulan :

Lucy France, UM legal counsel, said she was aware of concerns expressed by some over the DOJ’s requirement that UM provide the names of those who fail to participate in the training.

While the mandate isn’t unique to the DOJ and is required in many resolution agreements, France said, the university was working to address the concerns.

“I’m optimistic that the university can work with its employees to ensure that they understand their obligations under Title IX to address allegations of sex-based harassment, as well as show that they are familiar with the university’s policies and procedures regarding discrimination, harassment, sexual misconduct, stalking and retaliation,” she said.

“I’m also optimistic that we can work with the DOJ to provide verification that our employees have this knowledge without providing the names of particular employees,” she added.

According to Section 9 of the resolution agreement, under “Training and Professional Development,” UM must provide the DOJ with the sign-in sheets of each employee by name and job title for each training required under other sections of the agreement.

The university also must provide “a list of any university employee who failed to participate in such training by name and title,” the agreement says.

The university must provide the sign-in sheets by Dec. 31, and again for subsequent training by May 31, 2014, May 31, 2015, and Dec. 31, 2015.

1 posted on 10/02/2013 7:05:19 PM PDT by texas booster
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To: texas booster

Fascists always think everybody else are the fascists.


2 posted on 10/02/2013 7:07:44 PM PDT by E. Pluribus Unum (Religious faith in government is far crazier than religious faith in God.)
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To: Kaslin
Do you have any way of contacting Mike Adams?

This is just a short step from NC - unless the hypocrisy stared there.

3 posted on 10/02/2013 7:08:50 PM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: texas booster

Our every institution is under assault.
These are the foundations of the gulag.
Combine this with Obamacare and you have the
pure socialist state.

Dangerous times we live in.


4 posted on 10/02/2013 7:10:29 PM PDT by tet68 ( " We would not die in that man's company, that fears his fellowship to die with us...." Henry V.)
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To: texas booster

When are they going to wake up. When will they let go of old ideas of left and right, republican, democrat and realize we are all Americans and we are under assault. The hour is late.


5 posted on 10/02/2013 7:16:14 PM PDT by Irenic (The pencil sharpener and Elmer's glue is put away-- we've lost the red wheel barrow)
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To: texas booster

There has been a high level of idiocy coming out of Montana lately. I wonder how may of the idiots weren’t born there?

These male professors need to learn what I learned working in corporate America - if you are a male who is accused of sexual harassment against a female you are GUILTY until proven innocent. Many female corporate lackeys know this and use it as a weapon. This makes for a lot of ugliness, especially if the HR department is populated with hard-core feminists which is pretty common because HR departments are a good place to populate with females to make the affirmative action quota numbers look good.


6 posted on 10/02/2013 7:17:27 PM PDT by 43north (BHO: 50% black, 50% white, 100% RED)
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To: texas booster; Liz; sickoflibs
The new policy states the university may take “appropriate action” against a student or faculty member to “prevent the creation of a hostile environment” even if an investigation by the university fails to find the student or faculty member responsible for “discrimination or harassment that creates a hostile environment.”

“What they clearly are anticipating is taking action against someone who hasn’t committed sexual harassment,” Mayer said. “If someone’s innocent, they still could face action,” he said, adding that it is “pretty frightening.”

OMG - someone is starting to catch on to the Orwellian horror of jack-booted liberal thugs....

7 posted on 10/02/2013 7:17:30 PM PDT by GOPJ (Brieitbart sent me... Freeper newfreep)
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To: Mr. K; MrB
The new policy states the university may take “appropriate action” against a student or faculty member to “prevent the creation of a hostile environment” even if an investigation by the university fails to find the student or faculty member responsible for “discrimination or harassment that creates a hostile environment.”

“What they clearly are anticipating is taking action against someone who hasn’t committed sexual harassment,” Mayer said. “If someone’s innocent, they still could face action,” he said, adding that it is “pretty frightening.”

OMG - someone is starting to catch on to the Orwellian horror of jack-booted liberal thugs....

Too bad the New York Times is too stupid to see the implications of this type of thuggery.

8 posted on 10/02/2013 7:18:55 PM PDT by GOPJ (Brieitbart sent me... Freeper newfreep)
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To: GOPJ
Seems even university professors chasing tenure in a “backwater” like MT will eventually figure it out.

Amazing how many far left libs showed up in Montana to agitate and “teach” young minds full of mush.

9 posted on 10/02/2013 7:21:46 PM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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To: texas booster
Thoughtcrime doesn't entail death. Thoughtcrime photo: OBEY OBEYOBAMA2.jpg Anti-progressivism is death.
10 posted on 10/02/2013 7:22:05 PM PDT by tumblindice (America's founding fathers: All armed conservatives.)
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To: texas booster

11 posted on 10/02/2013 7:22:51 PM PDT by Travis McGee (www.EnemiesForeignAndDomestic.com)
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>> “The reporting of names of faculty to the DOJ, I think it’s monstrous,” said Stewart Justman, a faculty member at the university and a program director of the humanities department. It “clearly smacks of McCarthyism.”

Given the institutionalized aspects of these requirements, I’m thinking it clearly smacks of Socialism, or possibly Communism.


12 posted on 10/02/2013 7:23:40 PM PDT by Gene Eric (Don't be a statist!)
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To: texas booster




13 posted on 10/02/2013 7:28:35 PM PDT by Diogenesis
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To: texas booster

Just Say No

Boycott

Be Ungovernable


14 posted on 10/02/2013 7:29:26 PM PDT by UnbelievingScumOnTheOtherSide (REPEAL WASHINGTON! -- Islam Delenda Est! -- I Want Constantinople Back. -- Rumble thee forth.)
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To: texas booster

I had to attend “Sensitivity training” 20 years ago.

If it was today, I would have approached it quite differently.

They polled the audience and asked what ethnicity each person associated with.

Today I would have exclaimed “American! Which of you here today says otherwise?”

That would have only been the start of my attack on their course...


15 posted on 10/02/2013 7:30:54 PM PDT by freedumb2003 (Fight Tapinophobia in all its forms! Do not submit to arduus privilege.)
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To: texas booster; flaglady47; mickie; Bob Ireland; seekthetruth; pax_et_bonum; Chigirl 26; ...
No doubt most of these pinhead academics voted (twice) for their cult idol, Barrycade Obama.

Surprise, surprise.......now they're being hoist by their own retard.

Good!

Leni

16 posted on 10/02/2013 7:39:24 PM PDT by MinuteGal
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To: texas booster

Mont. is LOST.


17 posted on 10/02/2013 7:40:26 PM PDT by Paladin2
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To: texas booster

So the plague of diversity and free speech limitations instituted by the universities is now being visited upon themselves. Looking for sympathy, still looking, still looking .....


18 posted on 10/02/2013 7:41:53 PM PDT by RetiredTexasVet (A civilian forece funded and equal to the military ... Obama/DHS & Hitler/Gestapo & Stalin/KGB)
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To: texas booster

Simple solution to Title 9. The California solution. Just have the entire men’s football team declare that they are women.


19 posted on 10/02/2013 7:42:03 PM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: texas booster
"UM must provide the DOJ with the sign-in sheets of each employee by name and job title for each training required under other sections of the agreement. "

Mickey Mouse.

Eric H0lder.

20 posted on 10/02/2013 7:42:29 PM PDT by Paladin2
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To: texas booster
the backdrop to this is either the University of Montana or Montana state had a football team run amok with several sexual assualt reports, which initially, the coach/university did nothing about....

but beyond that, HEY UNIVERSITY PROFESSORS.....HOW DOES IT FEEL TO BE ON A GOVERNMENT LIST???

one of these days the typical liberal/leftist college professor will actually SEE and UNDERSTAND what is going on...

21 posted on 10/02/2013 7:54:12 PM PDT by cherry (.)
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To: GOPJ
The new policy states the university may take “appropriate action” against a student or faculty member to “prevent the creation of a hostile environment” even if an investigation by the university fails to find the student or faculty member responsible for “discrimination or harassment that creates a hostile environment.”

So you are guilty until proven innocent and we may still punish you just because we want the “victim” to be comfortable and not sue us.

22 posted on 10/02/2013 8:14:57 PM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: texas booster

They have a law school (effing law school) there! Why the bitching and moaning. They should have the talent to fight this in the Courts and prevail.


23 posted on 10/02/2013 8:18:09 PM PDT by Calamari (Pass enough laws and everyone is guilty of something.)
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To: texas booster
You leftist university bastards kept promoting Socialism.

Well now you've got it, good and hard.

So file a Sexual Harassment Claim, cuz you've been screwed -- but good.

24 posted on 10/02/2013 8:19:21 PM PDT by Lazamataz (Early 2009 to 7/21/2013 - RIP my little girl Cathy. You were the best cat ever. You will be missed.)
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To: texas booster

“Requests for comment from the DOJ were met with the following response: “Due to a lapse in appropriation, messages received at this address will not be read or responded to until funding has been restored.”

The only problem I see is that at some point the funding is going to be restored.


25 posted on 10/02/2013 8:22:26 PM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: texas booster

I will never take such training. After two decades of military I don’t want another victim studies workshop ever. I’ve avoided them since 1993.


26 posted on 10/02/2013 8:41:13 PM PDT by jimfree (In November 2016 my 13 y/o granddaughter will have more quality exec experience than Barack Obama)
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To: Gene Eric
I think "Stalinism" is probably more accurate than "McCarthyism." Of course people have been trained to think of McCarthy as evil and to know little about Stalin's crimes.

I think faculty being forced to comply with "training" in this area (i.e., learning to regurgitate the approved responses) is widespread, but the idea of reporting everyone to Eric Holder may be an innovation--if Holder gets away with it at the University of Montana presumably it will become the norm everywhere.

27 posted on 10/02/2013 8:52:28 PM PDT by Verginius Rufus
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To: texas booster

Who says Obama’s a failure?

His Marxist Revolution is doing just fine, thank you.


28 posted on 10/02/2013 9:02:36 PM PDT by Jack Hammer (American)
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To: Pontiac

Yes, you’ve got it.


29 posted on 10/03/2013 6:44:45 AM PDT by GOPJ (Brieitbart sent me... Freeper newfreep)
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To: Jack Hammer

Very sad but true.


30 posted on 10/03/2013 7:36:43 AM PDT by texas booster (Join FreeRepublic's Folding@Home team (Team # 36120) Cure Alzheimer's!)
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