Conflict First Amendment and Title IX

The Office of Civil Rights (OCR) in Education has just come down with an edict that they tried once before to implement and failed. They failed for good reason, the rule proposed by OCR is in direct Conflict, First Amendment.  Title IX is an administrative rule, stacked against one another there is no contest. The rule loses every time.

To comply with Title IX, Department of Justice (DOJ) states that a college or university “carries the responsibility to investigate” all speech of a sexual nature that someone subjectively finds unwelcome, even if that speech is protected by the First Amendment or an institution’s promises of free speech. (April 22 findings letter to University of New Mexico, from DOJ).

Imagine the scenario Snoop Dawg shows up at the local college and opens the show with this song.  The crowd goes wild.  Liberals get all dewy eyed listening to Snoop Dawg recount the black man’s experience.  At the end of the night he collects his check for $100,000 and returns to his million dollar mansion.

The next morning, the most white bread, white boy in school is heard reciting the same lyrics while in the shower.

“Can U Control Yo Hoe”
(feat. Soopafly)

Niggas, get your milla genuine draft, cause its milla time, we about to go hard on these hoes on this one right here.

[soopafly] Can you control your hoe? (You got a bitch that wont do what you say)
You can’t control your hoe? (She hardheaded, she just won’t obey)
Can you control your hoe? (You’ve got to know what to do, and what to say)
You’ve got to put that bitch in her place, even if it’s slapping her in her face.
Ya got to control your hoe. Can you control your hoe? (R&G, Masterpiece 2004)

Is there anybody reading this that believes that the white boy is gonna skate on a complaint?  He’ll be lucky if he is only charged with crimes against humanity. I know I will be accused of projecting an outcome to suit my bias, but there are ample grounds to support it.  First, when was the first time a rap artist was condemned for using the term nigger?  When was the last time you saw a white writer use the term nigger, verses, n-word, n*****.  Nigger is not a term I use frequently, I understand it is not a polite term.  However, if it was half as offensive as some would have you believe, then the term would not be condoned, no matter what the context. But that is not the case.
The thing to understand about OCR is it is an administrative agency with administrative hearing rights. The University of New Mexico was issued a “finding”.  In administrative speak this means the University has been found guilty without a hearing. They were given the opportunity to respond in writing, but the response was lacking, so now the guilty.
The University can now request a hearing to appeal the decision.  This hearing is populated with the same people who have already found the University guilty, plus a hearing officer. Hearsay is admissible, the right to confront witnesses is probably unavailable.
The University can play this three ways.  They can reach out to the student and bribe the witness, say bye bye to that student debt, in order to get the student to recant.  The university can bend over to the hearing officer and ask for a reach around when the hearing officer is done. This will result in a fine. Or appeal an adverse decision to the District Court.  I am not an attorney but I suspect in the instance of a Constitutional violation, the University could seek an injunction against OCR.  Neither of these courses are likely or likely to occur in less that two years.
To violate the Constitution with impunity all you need is a calendar and no regard for the rule of law.