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

JUICY CAMPUS UPDATE - OCR RULING IS ISSUED

As many of you know - I filed a claim against a university six months back 
because of its failure to respond to a request by a mom of a female student 
that they take steps to shut down JuicyCampus.com - and other similar online 
gossip/social networking sites.



Ive been in DC for a couple of days but just tonight had a chance to read the 
ruling and it is very good news for women students!!

My client was told the school could "do nothing" because the sites are "not 
on campus" and
because of "free speech"


I argued to OCR that it WAS on campus - and that harassment was NOT free 
speech.

Although the ruling found that school officials did not respond 
inappropriately - OCR was very clear that schools have a duty to redress 
sexual harassment at these websites - and they gave ZERO weight to the claim 
that the harassment does not occur "in a program or activity" cover by Title 
IX.? Likewise - they paid no mind to the free speech claim.? They make it 
clear that sexually harassing behavior occurred AND that they have 
jurisdiction because it occurred "in a program or activity" covered by Title 
IX.


This means schools that believe they have no duty/jurisdiction will have to 
change their attitude toward these sites - immediately - and take action to 
stop the harassment



As you all know, this is a first of its kind ruling in the nation - and I was 
told as much by the investigator at the outset.? I wondered if OCR might duck 
the case on jurisdictional grounds - but I am thrilled to say they gave not a 
moment's time to jurisdictional issues.



All this means that sexually harassing behavior on sites like juicy 
campus.com is forbidden
under Title IX - - (it DID seem to matter to OCR that the sites had a 
school-specific link with a particular university link naming and harassing 
specific students at THAT university) and schools all over the country will 
now have to find a way to deal with
these websites 

in short -- women on campus will finally have an avenue of
redress!!!!



The websites aren't only about gossip about women -though they tend to
be mostly about women and their sexual activities and reputations - but if 
the gossip
sites engage in any other form of harassment, schools also have to
respond similarly to stop the behavior because lots of "types" of protected
classes are covered by a federal statute - like Title IX.