December 11, 2017

EMILY YOFFE IN POLITICO: Why the #MeToo Moment Should Be Ready for a Backlash: As a much-needed reckoning happens in the workplace, look to college campuses for a note of caution.

Much of the Obama administration’s policy was at the initiative of Biden, for whom the issue of violence against women was career-defining. In 1994, as a senator, he oversaw the passage of the Violence Against Women Act, what he calls his “proudest legislative accomplishment.” When he became vice president, a new position was created under his aegis, White House adviser on violence against women, and he appointed Lynn Rosenthal, a national leader on domestic abuse, to fill it. The administration then decided to focus its efforts on what it said was an epidemic of sexual violence against female students by their male classmates. In 2011, the Department of Education sent a bombshell letter with the bland greeting, “Dear Colleague” to the country’s 4,600 institutions of higher education laying out new rules for how campuses were to root out and punish sexual assault.

It was the beginning of a concerted effort that radically remade how students could interact sexually, with severe penalties for violating increasingly stringent codes of conduct. Title IX is the federal law that prohibits discrimination in education on the basis of sex. Under the Obama pronouncements, college Title IX offices became vast bureaucracies, and students were encouraged to report any perceived violation. The Dear Colleague letter forbade “unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature.” To stay on the right side of federal regulators, many school codes expanded to turn even unwanted flirtation or sexual jokes between students into actionable offenses. New rules known as “affirmative consent” were put in place on many campuses, requiring that partners engaging in any sexual contact get explicit permission, preferably verbal, for each touch, each time. (Affirmative consent on campus has become law in California, Connecticut and New York.)

Weird that Creepy Uncle Joe was behind this. Or maybe not.

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