Author: Nicholas Wolfinger

Pursuit of Injustice: Further Adventures Under Title IX

A specter is haunting American colleges and universities, the specter of Title IX. Originally the portion of the Civil Rights Act concerned with gender equity on campus, the previously laudable Title IX was twisted beyond recognition by the infamous 2011 “Dear Colleague” Letter and the new regime of federal compliance it created. The Department of Education’s Office of Civil Rights issued the DCL with the intent of reducing sexual harassment and assault, but instead it ushered in ivory tower McCarthyism. Last year, I endured a Title IX investigation (detailed in a previous article for Quillette) over trumped-up allegations made by a colleague seeking to settle a decades-old score. I was acquitted, but the ensuing investigation led to an entirely new set of administrative charges originating from a different office on my campus, the University of Utah. This article tells the story of how a Title IX case metastasized into a protracted and expensive ordeal. So, how did the Dear Colleague Letter turn universities into star chambers? It lowered the burden of proof for a guilty finding …

How I Survived the Title IX Star Chamber

In recent years higher education has been roiled by new challenges. We hear constantly about threats to free speech, typically originating from students protesting right-leaning (or putatively right-leaning) speakers or professors. Fanned by conservative pundits, altercations at Evergreen, Middlebury, and other schools have consumed the lion’s share of media attention. Yet something equally corrosive to higher education has flown under the radar: the wanton abuse of Title IX of the Civil Rights Act. This has cost universities and taxpayers untold millions of dollars, and destroyed many lives in the process. Yet institutions of higher education have been largely successful in keeping Title IX cases out of the spotlight. Public scrutiny has finally arrived, most prominently in the work of Northwestern University scholar Laura Kipnis. Her April 2017 book, Unwanted Advances: Sexual Paranoia Comes to Campus, is a sweeping indictment of how Title IX, originally intended to remedy campus sexism, has become a blight on American higher education. Most people think of Title IX in relation to women’s access to college sports, but in fact it …