Stem Aff - HSS 2017.docx - AFF 1AC Notes The short version...

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Unformatted text preview: AFF 1AC Notes: The short version of competitiveness has heg and econ extinction impacts. The medium shell adds a warming impact, and the long shell adds a structural violence impact to econ and a disease impact. Inherency First, Title IX is under-enforced in the status quo. McLaughlin 17 — Matthew McLaughlin, Director, Engineering Computer Services, Engineering Computer Services at the University of Iowa (“Can Title IX Change STEM Culture?”, May/June , Available Online at ? utm_content=buffer8043b&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer, Accessed 07-13-2017 AZ) This year marks the 45th anniversary of Title IX of the Education Amendments of 1972, the landmark federal law prohibiting discrimination based on sex by recipients of federal funds for educational programs or activities. And while women and girls have greater educational opportunities than they did 45 years ago, Title IX remains a relevant and important statute. “Not every student experiences sex discrimination, but we know that very high rates of students, and particularly women, girls, and gender nonconforming students, experience it in all different forms,” says Alexandra Brodsky, Skadden Fellow at the National Women’s Law Center. “Title IX is still crucial for making sure that gender never poses an obstacle to a student’s opportunity to learn and that kind of educational equity is so important.” The Society of Women Engineers still hears stories from students facing discrimination, adds Executive Director and CEO Karen Horting. This includes everything from struggling to gain equal access to lab time to facing hostile classroom cultures. Between October 1, 2015, and September 30, 2016, the Department of Education’s Office for Civil Rights, which enforces Title IX, received 7,747 Title IXrelated complaints. Of the 1,346 cases OCR was able to resolve, 78 resulted in resolution agreements that secured changes protective of students’ civil rights in schools around the nation. OCR tracks only the number of resolution agreements. Other resolved cases were not necessarily unfounded; they could have resulted in a range of outcomes, including dismissal, administrative closure, a finding of no violation, an early complaint resolution, or a resolution requiring action by institutions without a resolution agreement.The issues most frequently raised in the OCR complaints were athletics and sexual harassment and violence, areas where Title IX is considered the most successful and better understood . In contrast, between October 2015 and September 2016 there were only 32 admissions complaints, but the reason isn’t clear. Perhaps it’s progress or it might just be a sign that Title IX isn’t fully enforced or understood. While significant progress has been made in athletics and schools’ response to sexual assault, Horting believes the same cannot be said in other areas. In terms of STEM, access to STEM, and the use of funding, “I think the effectiveness has been pretty minimal,” she says. “Title IX is a really powerful tool for changing policies and creating cultural change ,” Brodsky argues, “but there’s still a lot left to do, specifically … we know that women and girls are underrepresented in STEM classes and STEM majors and in STEM fields.” Women still earn less than 20% of bachelor’s degrees in engineering and computer and information science, according to the most recent data from the National Center for Education Statistics. Meanwhile the National Collegiate Athletic Association reports 43% of student athletes are women and the average school sponsors eight teams for men and nine teams for women. IX History Title IX’s impact on collegiate sports wasn’t immediate by any means. Early in the law’s history its relevance to athletics wasn’t even consistent. In 1984, a US Supreme Court decision ruled that Title IX applied only to programs that directly benefitted from federal funds, significantly limiting OCR’s jurisdiction in athletics programs. A few years later, the Civil Rights Restoration Act of 1987 effectively overturned the ruling by directing that Title IX applies to all operations of recipients of federal funds, restoring OCR’s jurisdiction over athletics programs. However, clarifying Title IX’s jurisdiction over athletics programs wasn’t enough to bring equity to a flurry of Title IX litigation in the 90s that forced educational institutions to strengthen their commitment to women’s athletics programs and, just as collegiate sports. By 1992, women still represented only 35% of student athletes, despite representing 54% of bachelor’s degree recipients, according to SWE. It was importantly, made students and parents aware of their rights under the law. “If you look at the legislative history, it’s very clear that the legislators were specifically concerned about sex stereotyping, and they saw the scope of Title IX being very wide,” Brodsky says, adding that legislators wanted to push back on outdated notions that education served a different purpose for women and men, and that men and women were suited for different fields of study. While interpretation of Title IX is in some respects still being debated today—notably its relevance to transgender and gender nonconforming students—its application to all aspects of education have been well-established. Everyone, regardless of sex, is guaranteed access to higher education, athletics programs, career education, employment, a safe and supportive learning environment, STEM programs and courses, fair standardized testing, and technology. Title IX also guarantees access to education for pregnant and parenting students and protection from sexual harassment. IX Engineering As was the case with athletics, clear interpretation of and protected rights under Title IX aren’t enough to afford women the same opportunities as men. Though Title IX applies to all aspects of engineering education, women still earn only 18% of bachelor’s degrees in engineering and computer and information science and 26% of master’s degrees in engineering and computer and information science, according to the National Center for Education Statistics. In STEM, Horting believes “there’s still kind of a woeful understanding by both students Students aren’t aware of their rights under Title IX and institutions aren’t aware what Title IX requires of them, such as naming a designated Title IX compliance officer, establishing an official Title IX and institutions.” grievance procedure, and disseminating Title IX nondiscrimination policy information to students and faculty. “One big obstacle of gender equity in STEM fields is students knowing their rights and students and parents having the tools that they need to stand up for themselves when schools subtly or explicitly push women and girls out of STEM fields,” Brodsky says. Title IX can’t solve all of engineering’s gender diversity problems, but throughout its history, the law has helped bring about change when enough attention was devoted to a particular issue. It happened with athletics in the 1990s and more recently with the attention given to schools’ response to sexual assault. To achieve the progress that has been seen in the areas of athletics and sexual assault, the Society of Policymakers should step up enforcement of Title IX with regard to STEM disciplines, and fund programs that will help educate students and their parents, and STEM faculty, of their rights under the law; Educational institutions should fulfill their obligations under the law; examine their institutional policies, procedures, or practices for gender bias; provide suggestions for areas to examine when evaluating programs for gender bias; and make this information accessible to the public; and Federal funding agencies should fulfill their monitoring and enforcement obligations under the law and make this information available to the public. Many of the agencies that provide federal funding to educational institutions rely on OCR for monitoring and enforcement. But between October 1, 2015 and September 30, 2016, OCR had only enough resources to resolve 17% of Title IX complaints , which is why SWE would also like to see agencies take responsibility for their funding by fulfilling monitoring and enforcement obligations. “Title IX alone is not going to force or encourage women to go into some of these fields, but I think it could be so important,” Horting says. “It is one of those things that, if properly enforced, could have a bigger impact.” The monitoring and enforcement problem also has SWE and the National Women’s Law Center concerned about possible cuts to the Department of Education under President Trump’s new administration. Should OCR lose even more resources, they fear more complaints will be left unresolved. Getting women interested in engineering and into engineering programs will all be for naught if they get there and are discriminated against, Horting argues. “They’re going to go on to something else, and I think the profession is at a time when we need everybody who is interested. The numbers for women in some of these fields—engineering and physics—are just not where they need to be in terms of having a diverse workforce for innovation.” Title IX isn’t just an issue for SWE or women engineers, and they can’t be the only Women Engineers makes the following recommendations in its General Position Statement on the Application of Title IX to the Science, Technology, Engineering, and Mathematics Fields: ones standing up for the law either, Horting adds. “Engineers all need to be advocates. Whether it’s meeting with one of your legislators when they’re home in the district, whether it’s sending an e-mail to them, whether it’s participating in your professional society’s fly-in day to Washington, enforcement of Title IX needs to be on your list of asks.” Discrimination Advantage OCR - the organization tasked with investigation of Title IX - is failing and getting rolled back by DeVos - that kills public opinion and legitimacy. Green 17 Erica L. Green, a native Baltimorean, has been covering the Baltimore City school system since joining The Sun in 2010. Her coverage has exposed everything from financial mismanagement to cheating on standardized tests. Her coverage has also helped reform how the school district serves its most vulnerable populations, such as students with disabilities, and those who cycle through the foster care and juvenile justice systems. Her coverage has won nearly one dozen awards including the 2015 Education Writers Association award for investigative journalism. She was also a 2014 finalist for the Livingston Awards for Young Journalists, and part of the team named a finalist for a 2016 Pulitzer Prize for breaking news coverage of the riots that gripped Baltimore last spring, 2017, “Education Dept. Says It Will Scale Back Civil Rights Investigations,” The New York Times, 06/16, /06/16/us/politics/education- department-civil-rights-betsy-devos.html Accessed 07/17/2017 //jsaltman The Department of Education is scaling back investigations into civil rights violations at the nation’s public schools and universities, easing off mandates imposed by the Obama administration that the new leadership says have bogged down the agency. According to an internal memo issued by Candice E. Jackson, the acting head of the department’s office for civil rights, requirements that investigators broaden their inquiries to identify systemic issues and whole classes of victims will be scaled back. Also, regional offices will no longer be required to alert department officials in Washington of all highly sensitive complaints on issues such as the disproportionate disciplining of minority students and the mishandling of sexual assaults on college campuses. The new directives are the first steps taken under E ducation Secretary Betsy DeVos to reshape her agency’s approach to civil rights enforcement, which was bolstered while President Barack Obama was in office. The efforts during Mr. Obama’s administration resulted in far-reaching investigations and resolutions that required schools and colleges to overhaul policies addressing a number of civil rights concerns. That approach sent complaints soaring, and the civil rights office found itself understaffed and struggling to meet the department’s stated goal of closing cases within 180 days. The office’s processing times have “skyrocketed,” the Education Department spokeswoman, Liz Hill, said, adding that its backlog of cases has “exploded.” The new guidelines were to ensure that “every individual complainant gets the care and attention they deserve,” she said. In the memo, which was first published by ProPublica, Ms. Jackson emphasized that the new protocols were aimed at resolving cases quickly. “Justice delayed is justice denied, and justice for many complainants has been denied for too long,” Ms. Hill said in a statement. But civil rights leaders believe that the new directives will have the opposite effect. They say that Education Department staff members would be discouraged from opening cases and that investigations could be weakened because efficiency would take priority over thoroughness. “If we want to have assembly-line justice, and I say ‘justice’ in quotes, then that’s the direction that we should go,” said Catherine Lhamon, who was the assistant secretary of the Education Department’s civil rights office under Mr. Obama, and who now heads the United States Commission on Civil Rights. The commission — an independent, bipartisan agency charged with advising the president and Congress on matters of civil rights — voted on Friday to conduct a two-year investigation of federal civil rights enforcement, saying it had “grave concerns” about the Trump administration’s agenda. The commission identified the E ducation Department as an agency that was particularly troubling. Nevertheless, the department’s move was lauded by advocates who believe that the office for civil rights has been overzealous in its enforcement activities in recent years. Robert Shibley, the executive director of the Foundation for Individual Rights in Education, an advocacy group, said the measures will be welcomed on college campuses where the department has overstepped in carrying out sexual assault investigations. The organization is financially supporting a lawsuit against the department over a letter issued in 2011 directing campuses to change the burden of proof in cases of sexual assault. “So many of the campus hearings are kangaroo courts with low due process, and you can’t really have any confidence in the outcomes,” Mr. Shibley said. Both sides of the civil rights issue keyed on the department’s decision to reverse its practice of automatically broadening investigations and scrutinizing years of data, searching for patterns of violations. The practice of systematic reviews, which Ms. Lhamon supported while leading the civil significant evidence of discrimination in school districts. “It’s really a way of curtailing the way civil rights enforcement should be handled ,” Ms. Lhamon said, reacting to the department’s new rights office, uncovered direction. “It’s literally a stick your head in the sand approach. ” For example, the department received a complaint that a black student at the Lodi Unified School District in California , about an hour south of Sacramento, received harsher punishment than a white student after the two were in a fight. According to a published settlement agreement, the investigation found that schools with higher percentages of black students established stricter punishment for discipline incidents, and a review of four years of data revealed that black students across the district received disproportionately higher levels of discipline than white students. Document: Read the Commission's Statement on Civil Rights Enforcement But Mr. Shibley said the practice of systematic reviews was a significant burden, especially on colleges and universities, which sometimes had to review years of previous sexual assault complaints, and remedy anything they were found to have mishandled. “That was quite alarming from a double jeopardy and civil liberties perspective,” Mr. Shibley said. Since her appointment as the education secretary, Ms. DeVos has come under fire from lawmakers and civil rights advocates for her remarks about the department’s role in enforcing civil rights laws in the public school system. The office is charged with enforcing legal prohibitions against discrimination by race, color, national origin, sex and disability. Ms. DeVos has denounced discrimination in any form and has said schools that receive federal funds must follow federal laws. But she also believes in a limited federal role in education. She has signaled that her office is “not going to be issuing any decrees” on civil rights and that those should come from Congress or the courts. In the memo issued last week, Ms. Jackson wrote that the department would “robustly enforce the civil rights laws under our jurisdiction, and we will do so in a neutral, impartial manner and as efficiently as possible.” Ms. Jackson issued another internal memo last week about how her office would respond to cases of discrimination after the rollback of Obama administration rules that encouraged states to allow transgender students to use the bathroom corresponding to their gender identity. Ms. Hill, the department spokeswoman, declined to release the internal document, but said it guides staff members on how to “functionally execute on these cases.” Transgender cases will be investigated by the department “fully and fairly” and will not be dismissed or referred because of a lack of guidance. However, the office has indicated that it will also be more judicious in tackling complaints in general. In the administration’s budget request for the fiscal year that begins in October, the Education Department has proposed cutting more than 40 staff positions from the office for civil rights, which would require the office to “make difficult choices, including cutting back on initiating proactive investigations,” the department wrote. OCR credibility is key to overall civil rights for students. Rhim 17 — Lauren Morando Rhim, Executive Director and Co-Founder, National Center for Special Education in Charter Schools. PhD. (“Department of Education’s Office for Civil Rights Essential to Protecting Students’ Civil Rights,” NCECS, June 30th, Available Online at , Accessed 07-24-2017 AZ) *edited for ableist language 34 Senators sent a letter to Secretary of Education Betsy DeVos this week outlining their disappointment and alarm regarding steps her administration has taken to diminish enforcement of civil rights for students around the country. Changes include budget reductions and narrowing the way the Office for Civil Rights (OCR) will approach civil rights enforcement. The push to reduce the role of OCR is fueled by concerns that OCR investigations are unnecessarily time consuming and onerous and broader philosophical discussions regarding the role of state and local officials versus the federal government. Advocates for narrowing the work of OCR have speculated that increased promulgation of OCR guidance under the Obama administration may have catalyzed a high level of complaints and infringed on local control. Of particular interest is the extent to which OCR is empowered to investigate whether or not a complaint is an indication of a “broader pattern” or conversely, limited to only examining the discrete set of circumstances. An implicit assumption underlying the move to limit OCR is that parents and local and state authorities are in a position to actively protect students’ civil rights and have the proper incentives to do so. I would argue that a reliance on parents and local or state officials is shortsighted impractical and will lead to an increase in violations of civil rights and constitutionally pro...
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