1 00:00:00,440 --> 00:00:03,560 Speaker 1: The top Democrat on the Senate Education Committee, says the 2 00:00:03,760 --> 00:00:07,200 Speaker 1: Education Department Civil Rights chief has crossed the lawn in 3 00:00:07,320 --> 00:00:11,680 Speaker 1: making callous and egregious comments about sexual assault on college 4 00:00:11,680 --> 00:00:15,520 Speaker 1: campuses and must be fired. Last week, Candice Jackson was 5 00:00:15,560 --> 00:00:19,560 Speaker 1: severely criticized for telling The New York Times that of 6 00:00:19,640 --> 00:00:23,360 Speaker 1: campus sexual assaults fall into the category of we were 7 00:00:23,400 --> 00:00:27,440 Speaker 1: both drunk. Jackson's apology was not enough for Senator Parrott 8 00:00:27,480 --> 00:00:30,680 Speaker 1: Patty Murray, who said Jackson has worked to narrow the 9 00:00:30,800 --> 00:00:33,680 Speaker 1: role of the office in protecting the civil rights of students, 10 00:00:33,880 --> 00:00:37,720 Speaker 1: and her comments were the final straw. Education Secretary Betsy 11 00:00:37,800 --> 00:00:42,440 Speaker 1: de Vos has criticized the Obama administration's guidance for investigations 12 00:00:42,440 --> 00:00:47,720 Speaker 1: of sexual assault on campuses. I think all students deserve protection, 13 00:00:48,200 --> 00:00:53,640 Speaker 1: all students, that's all students, and I think that there 14 00:00:53,640 --> 00:00:56,760 Speaker 1: has been a lack of clarity in this area. My 15 00:00:56,840 --> 00:00:59,680 Speaker 1: guest is Casey Johnson, professor at Brooklyn College in a 16 00:00:59,720 --> 00:01:03,920 Speaker 1: country tributor to minding the campus. Casey, let's start with 17 00:01:04,200 --> 00:01:09,039 Speaker 1: someone heading the Education Department's Civil Rights Office making comments 18 00:01:09,080 --> 00:01:12,560 Speaker 1: like these in the context of the volatile issue of 19 00:01:12,680 --> 00:01:17,920 Speaker 1: sexual assault on campuses. Is I'm sorry enough. In this case, 20 00:01:17,959 --> 00:01:20,720 Speaker 1: it does seem to be it's it's may not be enough, 21 00:01:20,760 --> 00:01:24,280 Speaker 1: but it was appropriate under these, uh, these circumstances. She 22 00:01:24,319 --> 00:01:28,800 Speaker 1: did issue the apology immediately um And on this issue, 23 00:01:28,840 --> 00:01:32,399 Speaker 1: it's very very important to speak both carefully and to 24 00:01:32,480 --> 00:01:36,880 Speaker 1: speak statistically precisely. They have no way, there's no way 25 00:01:36,920 --> 00:01:40,880 Speaker 1: of knowing what percentage of sexual assaults allegations on campus 26 00:01:40,920 --> 00:01:43,800 Speaker 1: are caused by any factor. And it's the sort of 27 00:01:43,800 --> 00:01:45,440 Speaker 1: comment that shouldn't have been made, and I think the 28 00:01:45,440 --> 00:01:49,840 Speaker 1: apology was very very appropriate. Jackson is the acting head 29 00:01:50,040 --> 00:01:54,400 Speaker 1: of the Civil Rights Office, and Senator Murray said that 30 00:01:55,000 --> 00:01:59,520 Speaker 1: the Education Secretary, Betsy de Vos, has not formally nominated 31 00:01:59,560 --> 00:02:02,400 Speaker 1: her in Senator Murray, so it's because she wants to 32 00:02:02,440 --> 00:02:05,000 Speaker 1: shield her from scrutiny and not allow people to hear 33 00:02:05,040 --> 00:02:08,760 Speaker 1: her views and plans for this office. Why is she 34 00:02:09,120 --> 00:02:12,600 Speaker 1: just the acting head? Why has she not been formally nominated? 35 00:02:13,160 --> 00:02:15,600 Speaker 1: But I think this is part of a general approach 36 00:02:15,639 --> 00:02:18,320 Speaker 1: that we've seen from the Trump administration. That's not just 37 00:02:18,480 --> 00:02:22,400 Speaker 1: in education. This has been administration that's been relatively slow 38 00:02:22,880 --> 00:02:27,600 Speaker 1: in nominating all subcabinet officials, much much slower than than 39 00:02:28,000 --> 00:02:31,320 Speaker 1: I think any administration in the post FDR period when 40 00:02:31,320 --> 00:02:35,040 Speaker 1: the executive branch extended. So my sense here is that 41 00:02:35,160 --> 00:02:38,200 Speaker 1: this is you know that the Trump people have chosen 42 00:02:38,200 --> 00:02:41,240 Speaker 1: this approach for whatever reason, uh, to sort of slow 43 00:02:41,240 --> 00:02:44,400 Speaker 1: walk these nominations. But I don't see anything unusual about 44 00:02:44,919 --> 00:02:46,639 Speaker 1: about o c R and this regard. You see it 45 00:02:46,639 --> 00:02:48,600 Speaker 1: in State Department, you see it in Treasury, you see 46 00:02:48,600 --> 00:02:52,200 Speaker 1: it in other national security agencies as well. So, Casey, 47 00:02:52,280 --> 00:02:55,120 Speaker 1: this is a Title seven on college campuses is a 48 00:02:55,200 --> 00:02:59,079 Speaker 1: huge issue. But tell us just a little bit about 49 00:02:59,320 --> 00:03:02,800 Speaker 1: what Mama did as far as Title seven, so to 50 00:03:02,880 --> 00:03:05,280 Speaker 1: get us up to date. Right. So, so there was 51 00:03:05,320 --> 00:03:08,720 Speaker 1: an enormous change beginning in two thousand eleven and extending 52 00:03:08,720 --> 00:03:11,880 Speaker 1: in two thousand and fourteen where the Office for Civil Rights, 53 00:03:11,919 --> 00:03:15,079 Speaker 1: which is this Education Department agency that that Jackson just 54 00:03:15,160 --> 00:03:17,920 Speaker 1: now the acting had a redefined Title nine. So this 55 00:03:17,960 --> 00:03:19,760 Speaker 1: is a law that was passed in the seventies that 56 00:03:19,800 --> 00:03:24,520 Speaker 1: deals with gender outlaws general sex discrimination at basically all 57 00:03:24,520 --> 00:03:27,440 Speaker 1: colleges in the universities as long as they received federal funds. 58 00:03:27,480 --> 00:03:30,480 Speaker 1: But in two thousand eleven, what Obama did without notice 59 00:03:30,680 --> 00:03:33,760 Speaker 1: or comments, this was just issued as what they viewed 60 00:03:33,800 --> 00:03:36,800 Speaker 1: as binding guidance was to say that the federal government 61 00:03:36,880 --> 00:03:40,440 Speaker 1: can tell colleges what procedures they have to follow when 62 00:03:40,480 --> 00:03:44,520 Speaker 1: they handle sexual assault allegations, and they're legally obligated to 63 00:03:44,560 --> 00:03:47,040 Speaker 1: do this. And all of the changes that the Obama 64 00:03:47,080 --> 00:03:50,000 Speaker 1: administration pushed in both two thousand eleven and two thousand 65 00:03:50,040 --> 00:03:53,400 Speaker 1: fourteen made guilty findings more likely. So they lowered the 66 00:03:53,480 --> 00:03:56,240 Speaker 1: standard of proof. They said that accusers have to be 67 00:03:56,280 --> 00:04:00,160 Speaker 1: allowed to appeal, not guilty findings. In what to me 68 00:04:00,280 --> 00:04:02,880 Speaker 1: is the most serious of these UH changes, in a 69 00:04:02,920 --> 00:04:08,640 Speaker 1: really problematic one, they encouraged colleges not to allow cross examination. UH, 70 00:04:08,640 --> 00:04:11,280 Speaker 1: in these allegations you really have this is this is 71 00:04:11,400 --> 00:04:14,560 Speaker 1: important way of determining the truth. So the Obomber approach 72 00:04:14,720 --> 00:04:16,960 Speaker 1: was that we have this this wave of of of 73 00:04:17,200 --> 00:04:19,839 Speaker 1: a violent crime on campus, UH, and the way to 74 00:04:19,920 --> 00:04:22,600 Speaker 1: deal with it is to change the procedures to make 75 00:04:22,600 --> 00:04:26,000 Speaker 1: guilty findings more likely. Under what seems to have been 76 00:04:26,040 --> 00:04:28,320 Speaker 1: the presumption that if if you have that kind of system, 77 00:04:28,680 --> 00:04:31,320 Speaker 1: victims of sexual assault will be more likely to come forward. 78 00:04:31,800 --> 00:04:36,880 Speaker 1: So is divorce likely to retract that? I think? So, 79 00:04:37,080 --> 00:04:39,800 Speaker 1: I mean the Patty Murray letter, which you mentioned to 80 00:04:39,800 --> 00:04:42,400 Speaker 1: to lead off, but the timing of it struck me 81 00:04:42,440 --> 00:04:47,440 Speaker 1: as interesting because the demand for UH for Jackson's resignation 82 00:04:47,480 --> 00:04:51,080 Speaker 1: did not come immediately after the comments were issued. It 83 00:04:51,120 --> 00:04:56,160 Speaker 1: only came after Divorce met with both advocates of both 84 00:04:56,279 --> 00:04:59,920 Speaker 1: campus accusers and students who have been accused of sexual 85 00:05:00,000 --> 00:05:03,120 Speaker 1: assault UH the Obama administration had refused to meet with 86 00:05:03,160 --> 00:05:06,680 Speaker 1: students who were accused of sexual assault, and after I 87 00:05:06,680 --> 00:05:10,200 Speaker 1: think more important, a letter from Divorce to Murray where 88 00:05:10,240 --> 00:05:14,480 Speaker 1: she had criticized the procedure that the Obama administration had 89 00:05:14,600 --> 00:05:18,440 Speaker 1: used for developing its policies, issuing these guidance documents without 90 00:05:18,480 --> 00:05:22,680 Speaker 1: soliciting feedback from from the public. And the message that 91 00:05:22,680 --> 00:05:25,600 Speaker 1: we've heard from Divorce over the past week, if there's 92 00:05:25,640 --> 00:05:27,560 Speaker 1: one word that you've heard from her over and over again, 93 00:05:27,640 --> 00:05:31,320 Speaker 1: it's fair. She wants a fairer procedure on campus. So 94 00:05:31,400 --> 00:05:34,360 Speaker 1: I suspect we are going to see movement from devas 95 00:05:34,160 --> 00:05:37,560 Speaker 1: on on these grounds. We are so happy to have 96 00:05:37,720 --> 00:05:40,039 Speaker 1: you here. That was a great explanation of a really 97 00:05:40,080 --> 00:05:42,960 Speaker 1: complicated topic, and I'm sure we're gonna be discussing it 98 00:05:43,000 --> 00:05:43,760 Speaker 1: a lot more