Title IX Burden of Proof

Title IX: A Step Toward Less Regulation?,” by Greg, Sports Law Blog, 24 March 2005, http://sports-law.blogspot.com/2005/03/title-ix-step-towards-less-regulation.html.

A little Title IX history,” by Ted, Women’s Hoops, 24 March 2005, http://womenshoops.blogspot.com/2005/03/little-title-ix-history-three-part.html.

This is why I love the blogosphere. You may remember in my first Title IX post, I focused on the email surveys. In particular, the implication was that because email surveys have a very low response rate, it effectively ends Title IX. (Another criticism was that colleges should develop equal interests in sports, not merely reflect existing interest).

Well, both WH and SLB pick up another tangent: that the most important change may be a shifting burden of proof

My tentative sense right now is that the biggest change has nothing to do with the surveys. Rather, the big change is that while the old policy essentially put the burden of showing compliance on schools, the new policy puts the burden of showing noncompliance on women. Further, it erects a high standard for showing noncompliance.


Now, one criticism that has been raised and seems more cogent is the question of the burden of proof. Under prong 3, the burden of proof has always been on the school to show “full” and “effective” accommodation. The online survey seems to be the red herring of the new policy interpretation. The real change is the shifting burden of proof. Under the new prong 3, a school using the model survey will be presumed to be in compliance with Title IX. The burden will then shift, to the federal government or to the students, to show by a preponderance of the evidence that a school is not in compliance.

The presumption of compliance can only be overcome if OCR finds direct and very persuasive evidence of unmet interest sufficient to sustain a varsity team, such as the recent elimination of a viable team for the underrepresented sex or a recent, broad-based petition from an existing club team for elevation to varsity status.

Reasonable minds can differ about the merits of this shifting of burden of proof. The administration seems to be saying that Title IX does not need to be as stringent as in the past, due to the incredible popularity of women’s sports that is not likely to wain. Females make up nearly 60 percent of college students — they will migrate to the schools that provide equal opportunities for women. On the other hand, women’s rights groups will argue that progress has been made but equality has not been achieved. Weakening Title IX could reverse the progress that has already been made.

The Running Suicide of the American Tory Party

GOP uses Dean’s Nashville visit to tweak Bredesen,” by Bonna de la Cruz, Tennessean, 22 March 2005, http://www.tennessean.com/government/archives/05/03/67252324.shtml?Element_ID=67252324 (from Doug Petch).

Republicans in Al Gore’s homestate of Tennessee are trying to tie their Tory Democrat governor to Democratic National Committee Chairman Howard Dean

Democratic Party chairman to speak at Vanderbilt today

Tennessee Republicans are using a two-day Nashville visit by Howard Dean as a backdrop to link Gov. Phil Bredesen with a liberal agenda.

The GOP is airing a radio commercial today and tomorrow that describes the Democratic governor as ”peas in a pod” with Dean, national chairman of the Democratic Party, who is pegged as a ”Northeastern liberal.”

Of course, Governor Bredesen stands up for his boss

The governor has no problem with Howard Dean coming to Tennessee,” Bredesen spokeswoman Lydia Lenker said. ”He has a sincere desire to reach out to Southern voters.” She declined to respond to the radio ad.

Oh, wait, no he doesn’t

Dean and Bredesen will not meet, citing scheduling conflicts. They have met twice in the last several weeks at other meetings, both said.

”I wonder why Phil Bredesen won’t meet with Howard Dean?” said Bob Davis of Nashville, who is chairman of the state Republican Party.

”I’m guessing that even Bredesen wants to distance himself from Dean’s liberal agenda.”

No public meeting with the very public head of the national party. Sounds like the Democrat Party has a winner!

Rolling Back Vertical Controls (Control Sustainability)

Judge: Ohio Gay Marriage Ban Affects Law,” by Connie Mabin, Associated Press, 23 March 2005, http://abcnews.go.com/US/wireStory?id=608847 (from Democratic Underground).

I’ve blogged before on vertical control and horizontol control.

Of the four quadrants, the only sustainable one is the upper right — vertical freedom, horizontal control. This also is the one that most lessens misery. Unfortunately, people often confuse the two control types and make the world worse. Health Mullahs, impatient for a future perfect, replace steady strong and lasting horizontal controls wth iron but fleeting vertical controls.

For example, take Mothers Against Drunk Driving. There were very strong peer prohibitions against driving dangerously drunk. MADD, through the legislatures, created pointless vertical laws against impaired driving that do not save lives, and serve only to weaken real fear of real drunks.

I’m happy when this process is reversed, which is why this is such great news

Domestic violence charges cannot be filed against unmarried people because of Ohio’s new constitutional amendment banning gay marriage, a judge ruled Wednesday.

Cuyahoga County Common Pleas Judge Stuart Friedman changed a felony domestic violence charge against Frederick Burk to a misdemeanor assault charge.

Prosecutors immediately appealed.

Judges and others across the country have been waiting for a ruling on how the gay marriage ban, among the nation’s broadest, would affect Ohio’s 25-year-old domestic violence law, which previously wasn’t limited to married people.

Burk, 42, is accused of slapping and pushing his live-in girlfriend during a January argument over a pack of cigarettes.

His public defender, David Magee, had asked the judge to throw out the charge because of the new wording in Ohio’s constitution that prohibits any state or local law that would “create or recognize a legal status for relationships of unmarried individuals.

What great news!

Perhaps a Sign the Defense Minister Was Less than Effective

Protesters Seize Kyrgyzstan Government HQ,” Associated Press, 24 March 2005, http://www.foxnews.com/story/0,2933,151351,00.html (from Instapundit).

It can be hard to know if a state’s military is truly great. A large discussion at Dawn’s Early Light discusses this, in the context of a mock Indo-American air battle. But this is probably a sign you need new security officials

About 1,000 protesters managed to clear riot police from their positions outside the fence protecting the building, and about half that number entered the compound and went into the building through the front entrance. Others smashed windows with stones, while hundreds of police watched from outside the fence.

Protesters led the defense minister out of the building, holding him by the elbows and trying to protect him, but others threw stones at the military chief and one protester kicked him. Interior Ministry troops led other officials out, and three injured people left in bandages, accompanied by a doctor.

Yet another day in Russia’s ironically crumbling post-Empire

Bush Against Vigilantes (Reid Willing to Fight After Fight Over)

Minutemen Draw Protest,” by Michelle Malkin, Michelle Malkin, 21 March 2005, http://michellemalkin.com/archives/001815.htm.

Bush decries border project,” by James Lakely, Washington Times, 24 March 2005, http://www.washingtontimes.com/national/20050324-122200-6209r.htm (from Drudge).

Earlier, Madame Malkin implied that the protests against the “Minuteman Project” — an attempt at mass intimidation along the Mexican border — were spearheaded by extremists.

Jim Gilchrist hopes most of his neighbors won’t believe the signs held by protesters at the entrance to his quiet, gated community.

They included “Minuteman, a racist domestic terrorist” and “KKK supports Minuteman” scrawled in bold letters and displayed by almost 50 protesters standing on sidewalks near the Vista de Oro gated community….

Jesse Diaz, a graduate student from UC Riverside, helped organize Saturday’s “call to action.” On Easter, the group plans to demonstrate again in front of a nearby church where they believe he worships.

“He will not go unfettered and challenged,” Diaz s

Fortunately, our pro-North American President George Bush thinks that the “minutemen” are the kooks

The Leadership of North America
Prime Minister Paul Martin, Canada
President George Bush, the United States of America
President Vicente Fox, the Mexican United States

President Bush yesterday said he opposes a civilian project to monitor illegal aliens crossing the border, characterizing them as “vigilantes.”

He said he would pressure Congress to further loosen immigration law.

More than 1,000 people — including 30 pilots and their private planes — have volunteered for the Minuteman Project, beginning next month along the Arizona-Mexico border. Civilians will monitor the movement of illegal aliens for the month of April and report them to the Border Patrol.

Mr. Bush said after yesterday’s continental summit, with Mexican President Vicente Fox and Canadian Prime Minister Paul Martin at Baylor University, that he finds such actions unacceptable.

I’m against vigilantes in the United States of America,” Mr. Bush said at a joint press conference. “I’m for enforcing the law in a rational way.”

Sadly, Senate Opposition Leader Harry Reid isn’t so courageous

Senate Minority Leader Harry Reid, of Nevada, says Democrats have been willing to work with Mr. Bush, but that first the president must persuade congressmen of his own party to embrace his plan

So Reid will fight for what’s right — after the fight has already been won.


Blood or Money?

Base Closure Countdown,” Rapid City Journal, 22 March 2005, http://www.rapidcityjournal.com/articles/2005/03/22/news/opinion/top/opin01.txt.

RCJ whistles different tune, has fingers crossed,” by Seth, Clean Cut Kid, 22 March 2005, http://www.cleancutkid.com/2005/03/22/rcj-whistles-different-tune-has-fingers-crossed.

Before CCK only implied that Daschle was a merchant of death. Now, South Dakota’s own MyDD joins the “gold for blood” party

First, Seth notes that John Thune personally believes that Ellsworth is an “effective” base, though it needed to improve its value:

Now, though, I want to discuss the about-face that the Rapid City Journal pulled today. At issue, once again, is Ellsworth. During the 2004 General Election, the editors were falling all over themselves gushing over John Thune, saying “Thune supports President Bush’s war on terrorism, supports strengthening the military and will work to preserve Ellsworth Air Force Base’s effectiveness. He told the Journal that adding to Ellsworth’s missions was the surest way to improve the base’s value to the Pentagon’s long-range plans.”

CCK knows the best place to fly these airplanes is…
Pennington County, South Dakota

But, horror of horrors, the RCJ will defer to military experts when the question of base closing comes up:

So why is the Journal talking about western South Dakota’s “anxious months ahead” today? Once reliant upon John Thune to make the base vital to national security, the editors now suggest a different tactic, hoping that those of us west of the Missouri are “keeping our fingers crossed.”

Thank you editors at the Rapid City Journal, for selling western South Dakota’s economic future to the highest (conservative) bidder. At your recommendation, we now have an impotent representative in Washington who is unable to secure missions for Ellsworth. Why stop at crossing our fingers, though? I propose we make voodoo dolls of the members of the BRAC and then place curses on anyone who votes against Ellsworth.

The Aforementioned Pennington County

The passage which enraged the South Dakota Kid is this:

Defense needs in World War II created Ellsworth; defense needs in the Cold War kept the base in operation. The B-1 bomber has since been modernized and has shown its value over the skies of Iraq and Afghanistan. We are confident that Ellsworth’s rural location is strategically useful, and its mission is important to the defense of the country. How Ellsworth fits in with future defense needs will decide whether the base remains a fixture in Western South Dakota for decades to come, or closes for good


The Rapid City Journal believes the purpose of the military is to secure the nation.


Clean Cud Kid believes the purpose of the military is to bouy the economy of Pennington County