NOTE: This download expired May 31, 2018. See message below.
Summary: The AFF reverses the current law the exempts US military academies from Title IX. This brief says that's a bad idea.
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About "Negative Brief: Title IX Military Academies"
The US military academies are currently exempt from the federal law known as “Title IX,” a 1972 law that mandates colleges receiving any federal funds (think student aid and loans) to, among other things, investigate and discipline cases of sexual harassment/abuse/assault that occur on campus. Colleges can discipline students up to and including kicking them out of the school. The criminal justice system may or may not also pursue them with criminal charges and jail time, depending on the strength of the evidence and whether police are even notified or not – but that’s a totally separate issue, and neither Title IX nor this case deals with that.
Herein lies the problem: Title IX specifically exempts the US military academies, so they are not required to conduct the investigations and students do not have the remedies that Title IX offers. AFF claims that sexual harassment is widespread on the campuses of the academies and that Title IX is the solution. This brief argues that the problem is not widespread, in fact it is declining in the Status Quo, and that existing programs (or Minor Repair improvements to existing programs) will easily solve for what’s left.
Besides, Title IX is failing everywhere else, on all the rest of the college campuses nationwide where it has been used for decades. There’s no reason to take something that’s failing everywhere else and try it again. In fact, relying on Title IX will make things worse by distracting attention and resources away from programs that work into a system that we already know fails.
EDITOR’S NOTE: Title IX deals with uncomfortable issues related to the depravity of humankind. We tried our best to walk the line of decency while crafting a case that deals with a significant problem in the status quo. If you feel there is an issue about Title IX that makes you feel uncomfortable, take time to talk with your parents and/or coach about them. It is unfortunate that we live in a world that needs to deal with crass and immoral issues, but these matters are important.
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