A Bizarre Case at USC Shows How Broken Title IX Enforcement Is Right Now

Jesse Singal:

Setting aside the very real harm done to Katz and Boermeester here, it shouldn’t come as a shock that political conservatives feast on these cases to score points in the broader culture war. “The war on men on college campuses rages on …” intoned the subhed of the Daily Wire’s coverage. But these cases aren’t really about ideology, per se. Rather, they’re the predictable result of the past administration’s guidance, which put schools in a position where they quite reasonably inferred that if they didn’t pursue even questionable or flimsy cases aggressively, they risked running afoul of the government. Big, risk-averse, corporate-style bureaucracies created to handle what is perceived as a crisis are not going to make sage decisions about this sort of thing, and the confusing federal-enforcement climate has only exacerbated the problem. Things are so tangled that at one point in 2016, the Justice Department told universities that in some cases they could be in Title IX violation if they didn’t investigate certain types of constitutionally protected speech (courts have ruled that public but not private universities need to adhere to the First Amendment in their dealings with students). If universities are simultaneously being told by the government they need to respect students’ free speech, but also that they need to investigate protected speech in other instances, something is seriously wrong.