Table of Contents
Joined by a Broad Coalition, FIREUrges Departments of Education and Justice to Protect Campus Speech, Retract Controversial 'Blueprint'
WASHINGTON, July 16, 2013鈥擨n an open letter sent today, the Foundation for Individual Rights in Education (果冻传媒app官方) and a broad coalition of organizations and individuals urged the Department of Education (ED) and the Department of Justice (DOJ) to retract a controversial 鈥渂lueprint鈥 for campus sexual harassment policies that threatens student and faculty rights.
FIRE has led national criticism of the May 9 settlement reached by ED and DOJ with the University of Montana (UMT), a settlement that was proclaimed by the Departments to be a 鈥渂lueprint鈥 for how colleges across the country must handle sexual misconduct allegations.
The blueprint mandates a shockingly broad definition of sexual harassment鈥斺渁ny unwelcome conduct of a sexual nature,鈥 including 鈥渧erbal conduct鈥濃攁nd rejects the inclusion of a 鈥渞easonable person鈥 standard, endangering academic freedom and freedom of expression on campus. The blueprint also requires university employees to report protected speech for mandatory investigation, allows for punishment before the completion of an investigation, and instructs UMT to keep records of the names of all students and faculty accused of 鈥渟exual harassment,鈥 even if no wrongdoing is found.
FIRE is joined in signing today鈥檚 letter by 16 organizations and 11 distinguished civil libertarians, attorneys, and academics. The complete list of signatories is available below.
鈥淭he Departments of Justice and Education have redefined harassment so broadly as to render potentially every student and faculty member a harasser. The new definition is an affront to the First Amendment, to academic freedom, and to common sense,鈥 said FIREPresident Greg Lukianoff. 鈥淔IREis proud to join with organizations and individuals across the political spectrum, both on campus and off, to ask the government to retract its unconstitutional national campus speech code.鈥
FIRE鈥檚 open letter recognizes that colleges and universities 鈥渉ave a moral and legal obligation to address and prohibit sexual misconduct鈥 but states that 鈥渋nstitutions need not鈥攁nd must not鈥攕acrifice the civil liberties of their students and faculty members to do so.鈥 The letter鈥檚 signatories 鈥渁sk that the Departments of Justice and Education issue a swift and detailed retraction and clarification to every college and university receiving federal funding.鈥
Today鈥檚 open letter follows two months of criticism and concern about the blueprint鈥檚 provisions.
On June 26, Arizona Senator John McCain expressing alarm about the blueprint鈥檚 threat to student and faculty speech rights, requesting a response by Wednesday, July 17. The Alliance Defending Freedom and several other organizations sent an open letter to ED and DOJ in June, noting that enforcing the blueprint鈥檚 broad definition will amount to an The American Association of University Professors鈥 Committee on Women in the Academic Profession also sent a letter to the Departments last month, noting that it is about the blueprint鈥檚 threat to academic freedom.
Commentators nationwide have criticized the blueprint in , , , , , and many other outlets, including a in the Los Angeles Times.
鈥淭he Departments of Education and Justice must not ignore the deep concerns voiced by students, faculty, administrators, trustees, civil liberties organizations, and citizens from across the political spectrum about the blueprint鈥檚 threat to campus expression,鈥 said Will Creeley, 果冻传媒app官方鈥檚 director of legal and public advocacy. 鈥淭he U.S. Supreme Court has long made clear that protecting free speech on campus is essential to the health of our democracy. In that spirit, we ask the federal government to correct its mistake by retracting the blueprint immediately.鈥
FIRE is a nonprofit educational foundation that unites civil rights and civil liberties leaders, scholars, journalists, and public intellectuals from across the political and ideological spectrum on behalf of individual rights, due process, freedom of expression, academic freedom, and rights of conscience at our nation鈥檚 colleges and universities. 果冻传媒app官方鈥檚 efforts to preserve liberty on campuses across America can be viewed at thefire.org.
FIRE effectively and decisively defends the fundamental rights of tens of thousands of students and faculty members on our nation鈥檚 campuses while simultaneously reaching millions on and off campus through education, outreach, and college reform efforts.
Recent Articles
FIRE鈥檚 award-winning Newsdesk covers the free speech news you need to stay informed.