Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

 These educational ideas are wonderful, Linda - but the truth is, schools CAN 
control content, just as they can block access to child porn.

Filters are better than ever - and even if they don't? work well - schools 
can and should explicit set forth policies against speech that rises to the 
level of harassment - 

just having a rule about it is better than nothing - and most schools have 
nothing

students will think twice about harassing any student based on race, gender 
etc - if they think they could get in trouble - 

wendy 


 

-----Original Message-----
From: Linda Langford 
<>
To: 
;
 
;
 

Sent: Tue, 10 Feb 2009 10:02 am
Subject: RE: OCR complaint involving Juicy Campus










One approach to this issue is to look at the institution's legal 
responsibilities, and I think we should do that. In addition to the 
institution 
acting within its abilities to prevent and sanction directly, I wonder how 
institutions might also help create opportunities for *students* to express 
what 
kind of environment they'd like to live in and how they feel about certain 
types 
of speech. For example, researchers have collected data showing that most 
students feel uncomfortable around sexist and racist speech, and many think 
they 
are more uncomfortable than other students (i.e., "I am uncomfortable, but 
others around me are ok with it.") Often there are students on campus who 
feel 
strongly about these issues and want to take leadership in raising them for 
discussion, and they could make good use of data like these in generating 
dialogue. Given the limits of what institutions can (and perhaps should) 
mandate, it seems like we should also try to think about ways to support 
students in creating a community discussion among themselves about what 
behaviors and words are offensive and/or harmful. Obviously the institution 
cannot control the *content* of these discussions, but certainly can provide 
time, space, data, advisors, etc. I've heard of campuses responding to bias 
incidents this way, e.g., with town meetings, vigils, etc. in which students 
are 
able to publicly express their negative feelings about what happened and 
their 
support for the victim. There are certainly risks with this approach, 
especially 
with specific situations which might evoke a "blame the victim" response, but 
I 
do think it might have potential for addressing cyber-communication in 
particular. 

Has anyone tried something like this approach who could speak to how it 
worked 
(or didn't)?

Linda


Linda Langford, Sc.D.
Associate Center Director, Higher Education Center for Alcohol and Other Drug 
Abuse and Violence Prevention
www.HigherEdCenter.org
55 Chapel Street, Newton, MA? 02458-1060
voice (800) 676-1730 x2719 OR (617) 618-2719 (direct line)
fax (617) 928-1537


-----Original Message-----
From: 

 
[mailto:]
 
On Behalf Of 

Sent: Monday, February 09, 2009 1:57 PM
To: 
;
 

Subject: Re: OCR complaint involving Juicy Campus


 How do universities stop graffiti hate-harassment speech - painted on the 
walls 
of campus buildings?
Do they punish known offenders for violating the rights of black students if 
the 
writer uses prolific N-word and KKK speech to express their hatred in spray 
paint all over campus?

wendy

-----Original Message-----
From: 

To: 
;
 

Sent: Mon, 9 Feb 2009 10:30 am
Subject: Re: OCR complaint involving Juicy Campus


Wendy,


?


I agree that online harassment is vexing, but with no control over the 
harasser or the harassment, how can a Title IX complaint stick?? Also, how 
can a university respond to vicious postings without running afoul of the 1st 
Amendment?


?


Regards,
Brett A. Sokolow
Brett A. Sokolow, 
J.D.
Attorney-At-Law


"Best Practices for Student Health and 
Safety"

The 
National Center for Higher 
Education Risk Management, Ltd. 

(a not-for-profit 
corporation)
20 Callery Way 
Malvern, PA 19355-2969
Tel. 
(610) 993-0229 
Fax (610) 993-0228
www.ncherm.org

2009 President, The 
National Behavioral Intervention Team Association (www.nabita.org)

NCHERM 
serves as counsel/advisor to 23 campuses, including:
Special Advisor to 
the United States Air Force Academy
Special Counsel to the Dean of Students, 
Dominican University (IL)
Special Counsel to the Dean of Students, Lake 
Forest College
Special Counsel for Student Conduct Issues, Warren Wilson 
College
Special Counsel to the Dean of Students, Hendrix College
Special 
Counsel for Student Health & Safety, Howard Community College
Special 
Counsel to Harrisburg Area Community College
Special Advisor to the 
University of Texas, San Antonio
Special Advisor to Illinois Wesleyan 
University
Special Advisor to Salisbury University
Special Advisor to 
Columbus State Community College
Legal Consultant for the Behavioral Incident 
Report Team, Northwestern Michigan College
Special Advisor to Lehigh Carbon 
Community College
Special Counsel to South Carolina State 
University
Special Counsel to Central Oregon Community College
Legal 
Counsel, Saint Mary's College (IN)
Special Counsel, Southwestern Michigan 
College




?




In a message dated 2/9/2009 1:26:15 P.M. Eastern Standard Time, 

 writes:


As I 
  mentioned last week - Juicy Campus shut down its website after I filed an 
OCR 
  complaint against a university that refused to take steps to stop the 
brutal 
  sexual harassment of a female student.

As predicted, however, another 
  site popped up immediately - and began disseminating the same 
  information.

Thus, we are pressing ahead with our OCR complaint.? 
  

I wanted to let you all know because the case I filed is unprecedented 
  and would require schools to take steps to prevent the use of the internet 
as 
  a venue for the dissemination of harmful speech based on race, gender, 
  ethnicity, religion - etc - something that I have not yet seen (at least 
not 
  in the context of sexual harassment speech)

The IT experts with whom 
  I've spoken have given me lots of simple ideas for ways schools can easily 
  prevent sites like Juicy Campus from facilitating sexual harassment.

If 
  any of you have ideas - feel free to send them backchannel.

Wendy 
  Murphy
617-422-7410
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