IF THAT WERE ALLOWED, IT WOULD THREATEN THE WHOLE FEEDLOT: School found in violation of Title IX for using ‘common sense’ to investigate.

Yet another university has been found in violation of Title IX, and this one’s a doozy.

Frostburg State University in Maryland was found in violation of Title IX after two students filed complaints with the Education Department’s Office for Civil Rights. The school found several things wrong with Frostburg’s investigation process, but one of the most notable findings was that using “common sense” and “reason” are considered violations of Title IX, the anti sex-discrimination statute that is used to force schools to adjudicate felony sexual assault.

In its findings letter to Frostburg, OCR quoted the school’s “Sexual Harassment Policy” as “inappropriately” stating: “…in assessing whether a particular act constitutes sexual harassment forbidden under this policy, the rules of common sense and reason shall prevail. The standard shall be the perspective of a reasonable person within the campus community.”

This standard, OCR wrote, “falls short of the preponderance of the evidence standard required to satisfy Title IX.”

Excuse me, what? “Common sense” and a “reasonable person” violate Title IX? Well, that sounds about right given the pressure put on schools to find accused students responsible, regardless of the evidence.

Yep.