U.S. Commission on Civil Rights Hears Testimony on Sexual Harassment, First Amendment

Article here. Excerpt:

'The U.S. Commission on Civil Rights, a bipartisan, independent agency responsible for investigating civil rights issues, held a briefing on Friday to discuss the effects of recent federal guidance on Title IX sexual harassment law in schools, and whether that guidance might come in conflict with the First Amendment.

The hearing centered around the 2013 “Montana agreement,” a resolution reached between federal agencies and the University of Montana at Missoula after the university and local law enforcement were found to have failed to adequately address allegations of sexual assault and harassment. Failure to protect students from sexual violence and harassment is a violation of Title IX, a statute that protects students from gender-based discrimination, and violating Title IX puts schools in jeopardy of losing federal funding.

Some witnesses at the hearing were concerned that this “blueprint” broadened the definition of “sexual harassment” in a way that could infringe on free speech rights. Greg Lukianoff of the Foundation for Individual Rights in Education and Ada Meloy of the American Council on Education testified that the Montana agreement defined sexual harassment as “any unwelcome conduct of a sexual nature,” including “verbal conduct.” This definition, they claimed, is an alarmingly broad standard that could allow student discussion of gender roles or Lolita to be considered harassment.'