OCR = usa dept of education office of civil rights.

CHANGES ARE EFFECTIVE AS OF 2 DAYS AGO (7/18/2022)

Old CPM

Current CPM

OCR statement

Notable Removals:

  • Ability to appeal (section 307)
  • First amendment protections (section 109)

Notable Additions:

  • [OCR may dismiss if] The allegation(s) is a continuation of a pattern of allegations previously filed by the complainant, or someone other than the complainant, that are the same or involve the same issue(s) against the same recipient or against another recipient that have been found to be without merit by OCR.

They are absolutely going after people like me and Mark Perry. They are stripping our ability to appeal bullshit decisions, and they are making it so if there is any pattern to the complaints filed, they can cascade dismiss all of them. I would test the waters on a type of complaint and continue to revise in new complaints to preempt bullshit dismissals. This allows them to short circuit that process and dismiss as being too similar to a previously (bullshit) dismissed case. I am fucking stunned.

Another thing to keep in mind when interpreting these changes is that the new Title IX regs will dramatically lower the bar for "sexual harassment" and allow subjective interpretation.

Unwelcome sex-based conduct that is sufficiently severe or pervasive, that, based on the totality of the circumstances and evaluated subjectively and objectively, denies or limits a person’s ability to participate in or benefit from the recipient’s education program or activity (i.e., creates a hostile environment).

Compare to current regulations that are in line with the SCOTUS ruling which requires sexual harassment to be severe, pervasive, and objectively offensive:

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity

This creates a problem. Let's say, for example, that someone is MtF trans and prefers female pronouns. Perhaps they haven't transitioned completely and they appear male. You can be expelled for using the wrong pronouns once, without ever being informed on what the correct pronouns were. It could be a violation if someone was using male pronouns, informed you, and you saw them a month later when they were using female pronouns but used the previously requested male pronouns. This can get someone expelled for sexual harassment under the new regs.

Adding in subjective interpretation is also extremely dangerous and opens up the decision to bias. A school is not responsible for sexual harassment that is objectively offensive, so long as a victim doesn't subjectively perceive the environment to be abusive. Thus, a school can allow rampant sexual harassment so long as no one complains. It completely negates any need to take proactive steps. Sexual harassment against men will be allowed so long as men don't complain about it.

If men complain about harassment and discrimination, OCR can now dismiss it without affording you the ability to appeal within OCR. Unless you go to court you can't appeal. For traditional discrimination cases going to federal court will typically cost $40-200k. They have effectively opened the door to substantial bias in interpretation, enforcement, and shifted the costs to the victimized party.

This removal of protections in the CPM is prep for the new Title IX regulations. They don't want them challenged. Keep in mind though, the changes to the CPM are not just applicable to Title IX, but to any civil rights issue brought to OCR. This will mark a new age of tyranny by this organization. Things are about to get substantially worse, and we just lost significant ground, on top of which they added more roadblocks to progress.

People like me are going to be less effective now. Men need to start writing complaints to OCR and their schools. Men need to stand up for their rights or nothing will change. The time of relying on activists like me might be ending. YOU need to tell your friends to stand up for their Title IX rights and begin filing complaints, or things are about to get a whole lot worse in higher ed.