Obama Administration Officials Effectively Define Dating and One-Time Flirtation as “Sexual Harassment”

Obama Administration Officials Effectively Define Dating and One-Time Flirtation as “Sexual Harassment”

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Hans Bader | College Insurrection

The Justice Department and the Education Department’s Office for Civil Rights have now effectively defined dating and sex education as “sexual harassment.”

The definition is found in a May 9 Title IX Letter of Findings and Resolution Agreement involving the University of Montana. In a radical departure from Title IX jurisprudence, the federal government declares that “any” unwelcome sexual speech or other conduct is “sexual harassment,” regardless of whether it would offend a reasonable person, and regardless of whether it is severe, repeated, or pervasive. In its findings, it rejected narrower definitions rooted in federal court rulings, declaring that “sexual harassment should be more broadly defined as ‘any unwelcome conduct of a sexual nature.’” (The federal government has also effectively mandated “unconstitutional speech codes at colleges and universities nationwide,” notes the Foundation for Individual Rights in Education.)

By contrast, the Supreme Court has ruled that to constitute illegal sexual harassment, sexual advances or other verbal or physical conduct must be severe and pervasive, create a hostile environment, and be “objectively offensive” to a “reasonable person.” See, e.g., Davis v. Monroe County Board of Education (1999). According to the Supreme Court, isolated instances of trivially offensive sexual speech are not illegal, and are not considered “sexual harassment” in even the broadest possible sense: that is, the “harassment” you a

 

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» Obama Administration Officials Effectively Define Dating, Sex Education, and One-Time Flirtation as “Sexual Harassment” – Col·lege In·sur·rec·tion.

 

 

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