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Culture War Roundup for the week of May 8, 2023

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If you have been even peripherally involved in higher education in the United States, then you've heard of Title IX. But if you haven't, here's the U.S. government's blurb:

The U.S. Department of Education’s Office for Civil Rights (OCR) enforces, among other statutes, Title IX of the Education Amendments of 1972. Title IX protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states:

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.

Title IX is most famous for requiring equal athletic opportunities for men and women, without regard for whether this makes (among other things) any financial sense at all. But Title IX also imposes a variety of reporting requirements on college and university faculty and staff, such that essentially every campus has a Title IX Coordinator (or similar), and many campuses maintain entire offices of Title IX administrative staff. Do they do real, important work? I would argue virtually never--these are bullshit jobs par excellence--with one enormous caveat: they serve as a lightning rod for both civil liability and federal intervention.

(Well isn't that real and important, then? Yes, yes, it's a fair point. But I still think jobs that exist solely to push unnecessary government paperwork are inescapably bullshit jobs. Hiring government actors--executive and judicial--to punish universities for failing to meet politically-imposed quotas on social engineering goals, so that universities must hire administrators to give themselves cover, is the very picture of government stimulating the economy by paying one group of people to dig holes, and another group to follow behind them, filling the holes back up again. But this is not the point of my post.)

The Department of Education's Office of Civil Rights fields several thousand sex discrimination complaints every year. Less than 10,000, but close--the DoE's OCR fielded a record 9,498 complaints last year. But that's not the headline.

Here's the headline:

1 Person Lodged 7,339 Sex Discrimination Complaints With Ed Dept. Last Year

You probably read that right.* More than 77% of all sex discrimination complaints filed with the OCR are filed by a single person, at a rate of about 20 complaints per day--and this same individual was responsible for a similar number and percentage of complaints in 2016, and possibly other years as well. Of this person, the office says:

“This individual has been filing complaints for a very long time with OCR and they are sometimes founded ... It doesn’t have to be about their own experience [but] ... There’s not a lot I can tell you about the person.”

* I reserve the right to rapidly backtrack my commentary if it turns out that this "single person" being reported in their system is named "Anonymous" or "No Name Given" or something equally stupid. I am proceeding on the assumption that Catherine Lhamon is neither that stupid, nor being deliberately misleading, and that she did in fact say the things she is quoted here as saying. But I'm including this caveat because I still find it hard to believe that what is being reported is even possible. Part of me still thinks there must be some mistake.

On one hand, like... I'm kind of impressed? There's someone who has decided to make their mark on the world, clearly. That's some tenacity. On the other hand, what the fuck? Surely in any sane world someone would tell this person, "you are abusing the process, and we are going to change the rules to rate-limit your nonsense."

That is... well, not the plan, apparently:

The surge in complaints comes at a time when the agency faces significant challenges: It shrank from nearly 1,100 full-time equivalent staff in FY 1981 to 546 last year and is dealing with a host of issues that reflect the strain placed on schools and students by the pandemic.

Biden, in his March budget address, sought a 27% increase in funding — to $178 million — for the civil rights office to meet its goals. Lhamon, whose 2021 confirmation Senate Republicans tried to block, said she’s grateful for the president’s support and hopes Congress approves the increase.

In FY 1981 the office was still dealing with the fallout of the American government forcibly engineering feminist aims into higher education. At a current budget of $140 million (an average of $250,000 per employee), with very nearly half of its complaints (across all topics, not just sex discrimination) coming from a single individual, what is that additional $38 million supposed to accomplish?

It seems like no matter how dim my view of the federal government gets, there's always some new piece of information out there waiting to assure me that I've yet to grasp the depth of the graft, ineptitude, and corruption of Washington, D.C. I am skeptical that Title IX has accomplished anything of value that would not have been independently accomplished by market forces and social trends. But even if that's wrong, and the early days of Title IX were an important government intervention, I cannot imagine how this particular situation could possibly exist within a sane regulatory framework.

Could this person be the leader of some nonprofit or advocacy group? I’m struggling to imagine how that would be possible.

There are databases of active investigations (server issues?), pending cases, and incidents, but none make the plaintiff’s name public by default. Maybe this database has something? I’m not optimistic—if only a fraction of those 8,000 complaints are founded, they’re not going to be obvious in the active lawsuits.

Why doesn’t the Title IX office disclose this name? For obvious reasons, he or she is unlikely to be personally involved in most, if not all, of the cases. Privacy shouldn’t be an issue. I wonder if this is something that can be FOIA’d.

As I note in response to HaroldWilson below:

I have no idea who that person might be. Charitably: a top-notch attorney at an important law firm in Washington, D.C., who is capturing most of the "Title IX complaint" market, maybe? The right intake process could probably make this happen. I just have a hard time seeing it actually playing out this way; unless their "sometimes founded" complaints turn into outrageously large payouts on a pretty regular basis, it would be very difficult to fund such a venture. Part of the mystery of averaging 20 complaints a day is, who is funding that?

My only other half-plausible idea is that there is someone out there on retirement or disability or something who is doing stuff like collecting data on student athletes and filing a complaint any time they can find the slightest mathematical discrepancy in apparent sex balances in school athletic programs, or maybe faculty sex ratios or something. I don't know what else they could possibly find 20 complaints a day to file on, or how else they could be funded.

I know there are some bits of legislation out there that essentially pay bounties to people for filing lawsuits (there was a lawyer in California who was making a living for a while going to "ladies night" at bars and demanding equal pricing, then suing when denied, here's the one I think I'm remembering) but I'm not aware of any such setup for Title IX cases.

I wonder if this is something that can be FOIA’d.

I don't know, but my first thought is that these things probably fall under FERPA, which is not as strict a piece of privacy legislation as, say, HIPAA, but it's still pretty strong.

there was a lawyer in California who was making a living for a while going to "ladies night" at bars and demanding equal pricing, then suing when denied,

Absolutely based behavior. The only way I can stomach such blatant favoritism in favor of women is if we men were ever allowed to get away with that. But good luck finding a "men's only" event that doesn't attract immediate opprobrium.

I simply don't care. Such blatant unfairness raises my hackles, and women get plenty of attention and free drinks from horny men as is.

Is/ought, plus game theory. Women will always have an unfair advantage in this arena because men will always gain an advantage by handing this advantage to women. The man who boycotts the ladies night at the bar, or any other low stakes garden variety simpery, out of offence to his high-minded egalitarian principles will lose out to the pragmatic man who accepts the phenomenon and potentially uses it as a pivot to open a conversation and flirt with those women. ("You women get half price drinks? Nice, that means you can buy me two! No? Ah, so you're a hashtag trad wife. Cool, I'm more of an equal rights feminist. A very thirsty equal rights feminist with an empty glass. Oh okay I get it, maybe those dodgy pick up guys were right about women after all. Hold on a second, are you a pick up artist girl? No? So where did you learn your undeniable skills? In that case I guess it must have come to you naturally. Naturally blessed with half price drinks. Imagine that." Or something significantly smoother and less terminally online, I don't know).

Look dawg, I have a girlfriend, and I don't really struggle to get one with or without the existence of blatantly illegal and anti-egalitarian practises that offend me.

I have nothing against men who willingly buy drinks for women, I simply don't want the implicit lower value of men enshrined in explicit practise.

See my other comment at this level for details if you care.