"Misconceptions, myths, and outright lies," claims the Boston Globe regarding the rationales that underlie the proposed Title IX amendments. The question is whether the regulations, which govern university "sexual assault" hearings, need amendment, or whether they are fine just the way they are.1 We can all agree that we must find the right set of rules to eliminate campus sexual assaults; however, the current rules often create more problems than solutions. Let's discuss the "True", the "Too Far," and the "Misunderstood" of the Boston Globe piece.
105B Prohibited Use of Fermented Alcohol/Open Container
As part of its updated 2018-2019 Code of Student Conduct ("Code"), Miami University made significant changes to its alcohol policy. The substantial changes to 105(A) were discussed in Part One; if you have not read that post, please go read it now to understand the new broad-sweeping reach of Miami's 105(A) alcohol policy.
105A Intoxication and Prohibited Use of Liquor
As part of its updated 2018-2019 Code of Student Conduct ("Code"), Miami University made significant changes to its alcohol policy. The most noteworthy change is the Code's new distinction between "fermented alcoholic beverages" and "distilled liquors."
The Urban Meyer saga seems to have reached its end with the coach returning to the team this week. It's time to look back on our initial analysis of the situation and compare it to that of The Ohio State Investigative Board's published findings.
As August turns into September students from across the nation will return to Miami University to begin a new academic year. One of the changes awaiting students when they return to campus are some changes in the Student Code of Conduct.
The Cincinnati Enquirer recently published a well-sourced piece on campus sexual assaults (often referred to as Title IX cases) titled "The Sex Talk: The conversation that is not happening about campus sexual assault." As a Title IX Lawyer, I appreciate the attention that the authors of the Enquirer article and its participants brought to the many issues surrounding Title IX cases. One area that could have used more attention in the Enquirer piece, however, is how to handle cases where both parties are equally intoxicated, and where neither party alleges that the other party used force, threat of force, or purposeful incapacitation (i.e. attempt to drug/over-intoxicate the other party). Some might call this the *consensual* "drunken hookup." Solving the puzzle regarding the *consensual* drunken hookup is at the heart of creating a fair and constitutional Title IX process.
The college football world was rocked yesterday with the report that Ohio State Football Coach Urban Meyer has been put on paid leave pending an investigation into alleged domestic violence by one of his (now former) assistant coaches. Mr. Meyer is not alleged to have committed domestic violence, so you may be wondering how this story may implicate him. The answer lies in the school's Title IX Policy, and in particular the Title IX language in Mr. Meyer's new contract that he signed in April 2018.
Miami University Code of Student Conduct ("the Code") prohibits the "use, offer for sale, sale, distribution, possession, or manufacture of any controlled substance or drug except as expressly permitted by law is prohibited. The use, offer for sale, sale, distribution, possession, or manufacture of chemicals, products, or materials for the purpose of use as an intoxicant except as expressly permitted by law is also prohibited." (Code 106(A)).
In recent years, Title IX-an act designed to prohibit discrimination based on sex-has, ironically, been used to facilitate sex-based discrimination on college campuses. "Title IX" refers to Title IX of the Education Amendments of 1972 which states: