Texas Governor Signs Bill Making It Illegal to Hear Sex Jokes on Campus and Not Report It
This is a completely unreasonable and stupid waste of campus administrators’ time.
Texas Governor Greg Abbott has signed a bill that allows law enforcement to jail any campus employee who hears — or even hears about — a joke about sex on a college campus and doesn’t report it as a Title IX violation.
The bill, SB 212, gives law enforcement the power to enforce the Obama administration’s subjective definition of campus sexual harassment, defining it as follows:
Unwelcome, sex based verbal or physical conduct that: in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student ’s ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.
As The College Fix notes, this vague standard could effectively include overheard sexual jokes.
The bill states that the government can punish any campus worker with up to six months in jail if he or she “witnesses or receives information” (which, as The Fix notes, includes hearsay) that could possibly count as sexual harassment under the Obama administration’s broad definition and fails to report it to Title IX officials.
This certainly has me concerned — but I’m not the only one. The pro-free-speech organization Foundation for Individual Rights in Education is worried, too. FIRE notes that the current definition of sexual harassment “is missing any kind of objective, reasonable-person standard, instead conditioning the permissibility of speech (and the requirement to report) entirely on subjective listener reaction,” adding that “any definition of sexual harassment that lacks an objective component is unconstitutional.”
“Without an objective requirement, students and faculty are held hostage to the personal feelings and opinions of their accusers, no matter how unusual or even unreasonable,” the organization states in a post on the bill. “Given the offense taken by people on both sides of arguments about sexuality and gender generally, the list of victims of ‘sexual harassment’ under this broad definition is functionally endless.”
https://www.nationalreview.com/2019/...ollege-campus/