A8 dailybusinessreview.com WEDNESDAY, APRIL 14, 2021 DAILY BUSINESS REVIEW

CHILD WELFARE Congress Must Act to Reclaim Title IX’s Mandate Against Sex Discrimination in Education Commentary by student to be exposed to the teacher on Michael Dolce campus on an ongoing, repeated ba- CITY OF DORAL sis, despite the resulting severe mental The debate over “Title IX,” the land- health harm that my traumatized client NOTICE OF PUBLIC HEARING mark federal law prohibiting sex dis- suffered from that exposure, as many crimination in any school sex trauma survivors experience. This is All residents, property owners and other interested parties are hereby notified of a COUNCIL ZONING or educational program also a marked departure from criminal MEETING on April 28, 2021 beginning at 10:30 AM. that receives federal fund- law, which goes to great lengths to pro- General Public Comments: members of the public that wish to provide comments in writing ing, reached a fever pitch tect the victim from their perpetrator. may do so by emailing the City Clerk at [email protected]. Comments must be submitted during the Trump admin- Federal courts have also created a with your name and full address by Tuesday, April 27, 2021 at 5:00 pm. The comments will be istration. hierarchy between an educational in- circulated to the elected officials and administration, as well as remain as a part of the record for the meeting. The law serves as the stitution’s response to sexual assault or main tool to hold perpe- harassment by a peer compared with Public Hearing Comments (Pre-Registration): interested parties that wish to speak on the trators of sexual harass- a faculty member, such that it is harder Public Hearing item(s) ONLY, must register by Tuesday, April 27, 2021 at 5:00 pm via this link: Dolce https://attendee.gotowebinar.com/register/2550983937261710605 ment and assault on col- to gain Title IX protection if the offender lege campuses accountable, but in 2017 is a fellow student, despite the statute The meeting will be broadcasted live for members of the public to view on the City of Doral’s website former Education Secretary Betsy DeVos, drawing no such distinction. (https://www.cityofdoral.com/government/city-clerk/council-meetings) as well as Channel 77 and Facebook Live. issued new guidance on the statute in This issue surfaced in Justice Amy order to supposedly secure due process Coney Barrett’s opinion in John Doe v. The City of Doral proposes to adopt the following Ordinance: rights for those accused of wrongdoing. while she was on the ORDINANCE No. 2021-12 These changes were an unnecessary 7th Circuit appellate bench, shortly be- reaction to overblown claims of false fore she was elevated to the Supreme AN ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF DORAL, FLORIDA, APPROVING/DENYING A TEXT AMENDMENT TO THE CITY OF DORAL accusations and due Court. Barrett’s decision COMPREHENSIVE PLAN RELATING TO PRIVATE, PUBLIC, AND PUBLIC CHARTER process violations, and in that case permitted a SCHOOLS; AUTHORIZING THE TRANSMITTAL OF THE TEXT AMENDMENT ADOPTION imposed unfair bur- BOARD OF male student accused of PACKAGE TO THE STATE LAND PLANNING AGENCY IN THE FLORIDA DEPARTMENT dens of proof on survi- CONTRIBUTORS sexually assaulting his OF ECONOMIC OPPORTUNITY AND OTHER REQUIRED GOVERNMENTAL REVIEWING vors, deprived them of girlfriend to claim a Title AGENCIES PURSUANT TO SECTION 163.3184, FLORIDA STATUTES; AND PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN privacy and created an IX due process violation EFFECTIVE DATE environment that discourages sex crime because university officials “chose to be- reporting. lieve Jane because she is a woman and HEARING NO.: 21-04-DOR-08 While President Joe Biden recently to disbelieve John because he is a man” APPLICANT: City of Doral REQUEST: The City of Doral Staff is requesting Mayor and City Council approval of a text amendment announced a review of the DeVos chang- in a campus investigation Barrett held to the City of Doral Comprehensive Plan relating to private, public, and charter schools. es, we must go much farther: Congress was incomplete. itself must amend the law to reclaim its That standard starkly contrasts Location Map original mandate. with federal court decisions that bar DeVos’ actions were part of ongoing sexual violence victims from “second erosion of Title IX, driven by federal judi- guessing” how schools decide to disci- cial decisions for more than 20 years. It pline perpetrators at the end of an in- will likely get worse with the increasing vestigation, and is a much lighter bur- influence of federal judges like Justice den than applied to victims of sexual , who have acted to misconduct who must demonstrate restrict the law despite its broad man- “deliberate indifference” to their com- date, while manufacturing rights of the plaints of sex discrimination. Barrett accused that are nowhere in the statute. highlighted that the sexual misconduct The U.S. Supreme Court recognized complaint against John Doe followed over 40 years ago that Congress intend- university events intended to encour- ed that Title IX would provide “effective age reporting of sexual violence, as if protection against” sex discrimination. the university doing so proved a bias But thanks to the 1999 U.S. Supreme against those accused. Court decision, Davis v. Monroe County In response to this trend of damag- Board of Education, federal courts have ing rulings, Congress must act to define eradicated the notion that schools must what is and is not sex discrimination be effective in eliminating sex discrimi- within the meaning of Title IX and de- nation in individual cases. That decision lineate the rights of sex offense victims allowed schools to respond to wrong- when they report and seek help, includ- doing in a manner that is not “clearly ing the right to have a jury decide what unreasonable.” The decision left open is a reasonable response to sex discrimi- for interpretation what constitutes a nation. Failing to do so will allow many “clearly unreasonable” response, even federal judges who have demonstrated allowing for what is “reasonable” to be repeated efforts to narrow Title IX’s ef- decided by judges, thus depriving ag- fectiveness to continue that effort in case grieved students of a jury trial. after case. Sex crime survivors’ needs As a result, federal courts have im- will continue to be marginalized. And posed standards on Title IX cases that the chilling effect on reporting and ex- exist far outside the statute and have tol- posing predators will only get worse. erated “reasonable” responses by school The evisceration of Title IX’s intent will administrators which fall far short of the continue until it is rendered completely law’s original mandate that no student ineffective. be excluded from or denied the benefits Michael Dolce is a survivor of child sex Inquiries regarding the item may be directed to the Planning and Zoning Department at 305-59-DORAL. of an education, or be subjected to sexu- abuse and a partner at Cohen Milstein Sellers al harassment. For example, in 2018 the & Toll, where he leads the firm’s sexual abuse, Pursuant to Section 286.0105, Florida Statutes If a person decides to appeal any decisions made by sex trafficking and domestic abuse team. the City Council with respect to any matter considered at such meeting or hearing, they will need a U.S. Court of Appeals for the 11th Circuit record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the held in one of my cases that a teacher’s proceedings is made, which record includes the testimony and evidence upon which the appeal is repeated sexualized contact and assault YOU STRIVE FOR to be based. This notice does not constitute consent by the City for introduction or admission of of a developmentally disabled student PERFECTION. otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise was not actionable in part because the SO DO WE. allowed by law. In accordance with the Americans with Disabilities Act, any person who are disabled and who need special accommodations to participate in this meeting because of that disability should official alerted to the offenses during We offer preselected contact the Planning and Zoning Department at 305-59-DORAL no later than three (3) business days the dance was not “high enough up the and customizable bundles with cutting-edge content prior to the proceeding. chain of command” to respond. Title IX from industry leaders.

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