Secretary Betsy DeVos recently announced that the Department of Education’s Office for Civil Rights will review the controversial Title IX guidelines on sexual assault and other forms of sexual harassment disseminated by the Obama administration. The new leadership at OCR has already made an important change in enforcement policy: no longer does it follow the 2014-2016 strategy of turning every sexual violence complaint filed by an individual into a well-publicized compliance review of the entire educational institution in question.
Most readers of this blog will already know the speech codes—viz. sex codes—that the Department of Education seeks to impose on universities, under the guise of preventing sexual harassment. Eugene Volokh has a lucid summary and the Office of Civil Rights of the Department of Education a tedious tongue-lashing about what constitutes sexual harassment. The acts that keep Diversity Offices at full employment can range from telling a dirty joke to reading Anna Karenina. Similar directives go back into previous administrations, so, once again, the battle is not about a personality (even a powerful one such as Obama) but about the Administrative State.
It turns out, as Volokh notes, that sexual harassment at an institution of higher education might be found in any public or private discussion of sex, love, or eroticism. This means that the speech constituting the core purpose of higher education would have to be scrutinized by Washington bureaucrats. This is dangerous professionally—terrify your favorite male professor by sending him a DVD of David Mamet’s Oleanna, about a supposed episode of sexual harassment. And, more important, the vague codes enforce a debilitating self-censorship on professors and students that simultaneously increases the blandness and the freakishness of higher education.