Tag: teachers

Due Process Stops at the Campus Gates?

People in the D.C. area maye be familiar with the tragic tale of Fairfax teacher Sean Lanigan, who was falsely accused of sexual molestation, resulting in termination and a destroyed reputation.  As pointed out by friend of Cato and Cato Supreme Court Review contributor Hans Bader, however, the Department of Education is pushing a policy that would allow for more Sean Lanigans, even in cases not involving anything close to rape or molestation:

If the U.S. Department of Education’s Office for Civil Rights has its way, more teachers like him will end up being fired even if they are acquitted by a jury of any wrongdoing.  It sent a letter to school officials on April 4 ordering them to lower the burden of proof they use when determining whether students or staff are guilty of sexual harassment or sexual assault.   According to the Department of Education’s demands, schools must find people guilty if there is a mere 51% chance that they are guilty – a so-called preponderance of the evidence standard.   So if an accused is found not guilty under a higher burden of proof – like the “beyond a reasonable doubt” standard that applies in criminal cases – the accused will still be subject to disciplinary action under the lower burden of proof dictated by the Education Department.

As Wendy Kaminer explains, the DoE would also like to strip the accused of their right to cross-examination:

Campus investigations and hearings involving harassment or rape charges are notoriously devoid of concern for the rights of students accused; “kangaroo courts” are common, and OCR ‘s letter seems unlikely to remedy them. Students accused of harassment should not be allowed to confront (or directly question) their accusers, according to OCR, because cross-examination of a complainant “may be traumatic or intimidating.” (Again, elevating the feelings of a complainant over the rights of an alleged perpetrator, who may have been falsely accused, reflects a presumption of guilt.) Students may be represented by counsel in disciplinary proceedings, at the discretion of the school, but counsel is not required, even when students risk being found guilty of sexual assaults (felonies pursuant to state penal laws) under permissive standards of proof used in civil cases, standards mandated by OCR.

Now, it is undoubtedly extraordinarily difficult for a rape victim to face her attacker, but lowering the standards under which someone is judged for that crime and not allowing the accused to question his accuser opens the door to using accusation as a weapon, just as in Lanigan’s case or that of the Duke lacrosse team.  Justice (what lawyers call “due process”) demands, among other things, that both accuser and accused have their day in court, and that there be a presumption of innocence.  It is no more just for an innocent person to be smeared and forever tarnished – if not convicted and imprisoned – than it is to let a guilty man go free.  Indeed, as Blackstone famously said, “Better that ten guilty persons escape than that one innocent suffer.” 

What’s more, as Foundation for Individual Rights in Education president Greg Lukianoff details, it’s not just accused rapists whose rights are prejudiced under the new OCR policy, but those who make bad jokes:

California State University–Monterey policies state that sexual harassment “may range from sexual innuendoes made at inappropriate times, perhaps in the guise of humor, to coerced sexual relations.” UC Berkeley lists “humor and jokes about sex in general that make someone feel uncomfortable” as harassment. Alabama State University lists “behavior that causes discomfort, embarrassment or emotional distress” in its harassment codes. Iowa State University states that harassment “can range from unwelcome sexual flirtations and inappropriate put-downs of individual persons or classes of people to serious physical abuses such as sexual assault.”

This disconnect between basic principles of free speech and due process creates what Lukianoff calls “a perfect storm for rights violations”:

By making it clear that OCR would be aggressively pursuing harassment claims, by mandating extensive changes to many universities’ due process protections, but not requiring universities to adopt a uniform standard for harassment, OCR has supercharged the power of existing campus speech codes. OCR could have done our nation’s colleges a favor if it required universities to adopt a uniform definition of harassment in the same breath as it required them to aggressively police it.

FIRE has done heroic work in protecting student rights, so you should really read all of Lukianoff’s indictment of the new policy. 

The Department of Education needs to rescind/clarify this mess.  Speech is not a crime, but even the rights of those accused of crimes should not be subordinated to misplaced compassion or political correctness.

President: “We Need More Teachers.” Reality: “Yoohoo! I’m Right Over Here! Hellooo!”

This week, President Obama called for the hiring of 10,000 new teachers to beef up math and science achievement. Meanwhile, in America, Earth, Sol-System, public school employment has grown 10 times faster than enrollment for 40 years (see chart), while achievement at the end of high school has stagnated in math and declined in science (see other chart).

Either the president is badly misinformed about our education system or he thinks that promising to hire another 10,000 teachers union members is politically advantageous–in which case he would seem to be badly misinformed about the present political climate. Or he lives in an alternate universe in which Kirk and Spock have facial hair and government monopolies are efficient. It’s hard to say.

Food Stamps Cut?

Prior to last week’s passage of another $26 billion in bailout money for state and local governments, I noted that the legislation wasn’t really offset:

Congressional Democrats say the measure is paid for with a combination of spending cuts elsewhere and tax increases. However, the new spending is front loaded and much of the spending cuts wouldn’t be realized until after 2013. For example, the Congressional Budget Office’s score of the legislation shows savings from the food stamps program of $12 billion from 2014-2018. Congress can come back any time before that and rescind the cuts.

It’s typical Beltway budgetary sleight-of-hand: increase spending up front and “cut” spending on the back-end to get a more deficit-friendly score from the CBO. Democrats don’t really intend to see these cuts actualized, and have indicated as much. That hasn’t stopped media outlets from across the ideological spectrum from running sensationalist headlines.

A headline from CBS News says “Food Stamps Slashed to Pay for Teachers Job Bill.” A hysterical headline at the leftish Huffington Post reads “Cutting Food Stamps to Save Teacher Jobs: A Hateful Trade-off.” And a headline on the conservative Human Events website claims “Democrats Rob Food Stamps to Pay Teachers.”

Adding to the heat is legislation moving through Congress that would “cut” future food stamps spending to help pay for increased child nutrition programs. But as was the case with the bailout legislation, the only change that’s being proposed is to move forward the expiration date for the temporary food stamp expansion contained in the 2009 stimulus bill.

In addition to unnecessary hand-wringing over the future, the near past is all but being ignored. As the following chart shows, the cost of the food stamps programs has exploded over the decade thanks to the recession and benefit increases under presidents Bush and Obama:

The food stamps program needs to be cut. In fact, the entire federal welfare system needs to be devolved to the states, or preferably, private charity. That phantom cuts following a massive increase in food stamps spending would cause such angst indicates that those of us who believe the needy aren’t best served by Uncle Sam have our work cut out.

Not Just a ‘Special Interest,’ A Super Special Interest

In the gag-inducing tradition of National Education Association propaganda, President Obama’s “Organizing for America” has released the video below taking issue with House Minority Leader John Boehner (R-OH) calling teachers a “special interest.” Watch…and wince.

Now, certainly many teachers want nothing more than to teach and do a good job. Some might even do it as much “for the kids” as their own personal satisfaction.  But teachers, at least as represented by the NEA and the American Federation of Teachers, sure as heck are a special interest. Indeed, they might be called a super-special interest, with unparalled sway over Democrats especially, and an incredible ability to get money out of taxpayers.

But what about teachers’ saintliness?

Certainly many teachers work hard and spend some money out of their own pockets for the kids. But no public-school teacher is so poor that, unlike the no doubt intentionally bedgraggled-looking Jeff in the video, he or she can’t afford anything other than an undershirt to wear. Indeed, as I made clear in my PA Unbearable Burden? Living and Paying Student Loans as a First-Year Teacher, even the lowest-paid public school teachers can afford nice apartments, good food, and much beyond life’s essentials. And the average teacher, on an hourly basis, earns more than the average accountant, nurse, or insurance unerwriter.

Ah, but teachers work “twelve, thirteen hours” a day, right? I mean, isn’t that what destitute Jeff said?

Again, maybe some do, but the vast majority do not. Indeed, according to time-diary research done a few years ago, during the months when teachers are actually working as teachers – so not including lengthy summer and other vacations – the average teacher only does about 7.3 hours of education work inside or outside the school on weekdays, and about two hours on weekends. That’s 18 minutes less per day than the average person in a comparable, full-time professional job. And again, that doesn’t account for teachers’ long, built-in vacations.

So get off it, teacher unionists and apologists. Teacher unions are a gigantic special interest, and all the super-earnest-sounding, unkempt video subjects in the world aren’t going to change that.

Grigori Rasputin Bailout

Sending billions of federal taxpayer dollars to teachers and other public school employees is the bailout that just won’t die. It’s been sliced, shot up in a firefight between Democrats, and even had a battle with food stamps, but it just can’t be killed!

Now, let’s be clear: This is not some wonderful crusade all about helping “the children.” It is pure political evil, a naked ploy to appease teachers’ unions and other public school employees that Democrats need motivated for the mid-term elections. It has to be, because the data are crystal clear: We’ve been adding staff by the truckload for decades without improving achievement one bit. Since 1970 (see the charts below) public school employment has increased 10 times faster than enrollment, while test scores have stagnated.

But suppose there were some rational reason to believe that we need to keep staffing levels sky-high despite getting no value for it. Lots of teachers’ jobs could be saved without a bailout if unions would just accept pay concessions like millions of the Americans who fund their salaries. But all too often, they won’t.

Sadly, this is all just part of the one education race that Washington is always running, and it absolutely isn’t to the top. It is the incessant race to buy votes. And guess what? Despite its reputation even among some conservatives, the Obama administration, just like Congress, is running this race at record speeds.

Why We Need Fewer Public School Jobs, Not More

That’s the topic of a commentary I just wrote at BigGovernment.com, tied to recent efforts to prop up public school employment with another $23 billion bailout. I won’t repeat the text of that post here, but thought the two charts bear repeating. The first shows that employment has grown 10 times faster than enrollment over the past 40 years.

The second chart shows how the total cost of sending a single child through the public school system has changed over the years, along with trends in student achievement.

Teachers Suspended for Class about Constitution

This can’t be happening.  Teachers suspended from their posts for showing students a film about the Constitution!  I can understand the initial parental inquiry–if a student did say “I was taught how to hide drugs.”  There are such films on the market and those would certainly not be appropriate for school.  But instead of gathering the facts, the school authorities seem to have made a terrible and unjust decision to suspend these teachers.  The Busted film is about constitutional law and police encounters–showing people that they can lawfully stand up to the police and decline to approve a search of their home and belongings, and decline to answer police questions.  Hopefully, the ACLU or FIRE will come to the defense of these teachers and get them reinstated fast.

Flex Your Rights, which produced the Busted film, recently released an even better film called 10 Rules for Dealing with Police.  Cato hosted the premiere screening here in DC.