The Federal Government just extended its deadline for comments on its proposed Sex Harassment in Education regulations until January 30, 2019! Take this as a good sign and leave your comments now at www.regulations.gov. If the people speak, then even the current Administrative State has to listen by law. Speak up, leave your comments on Sex Harassment in Education now!
We have been looking at comments since January 25, 2019 through articles posted from time to time since then down through today, January 28, 2019 on Claims and Issues Blog and on Claims and Bad Faith Law Blog. To summarize them all for ease of reference, we have reviewed comments that:
- The Department of Education does not have authority to change the statutes Congress voted into law which is what the Department proposes to do with these changes,
- The proposed new standard of liability which would be imposed on a claimant in order to make a case for sex discrimination in education is so hard to meet that it is inconsistent with the Congressional prohibition in the first place,
- Not only the Department of Education, but all Federal agencies need to have every tool in their toolkits that they have now in order to enforce the Congressional prohibition on sex discrimination, including in the rare case as it happens, of seeking damages from sexual harassers in education,
- Keeping the law in place that concerns "religious organizations with contrary religious tenets" having to say how prohibiting sex discrimination is inconsistent with their "religious tenets," instead of letting them keep quiet about this including for example letting them keep quiet during the entire time that they are recruiting students and also not even requiring them to speak before they extend admissions offers, presumably until they get sued if they ever do, and
- Last but certainly not least, a host of issues with the Department's newly invented Formal Grievance Procedures.
Parenthetically, what is with these people that they have to invent their own justice systems and not use the Courts? President George W. Bush set up tribunals in Guantanamo from scratch, rather than try the inmates in Federal Courts in public. Now the Department of Education wants to set up its own tribunals rather than have sexual harassment in education tried in the Courts. Why don't they want the public to know what they are up to in these cases? Oh, wait ....
So, make them make it public! Take advantage of the extra time this extended deadline gives, and leave your comments on Docket ID ED-2018-OCR-0064 at www.regulations.gov.
If you don't do this, who will?
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