The U.S. Department of Education has issued proposed new regulations under Title IX, changing many of the existing rules for K-12 and post-secondary schools. In at least one respect, however, the new rules may force schools into choosing between losing funding and violating the First Amendment. The rules would require affected schools to address “unwelcome sex-based…
One universal component of child protection policies is some level of education for the children themselves. Most off-the-shelf policies have a child education component, and abuse prevention advocates love these programs. The underlying rationale is that by teaching children how to protect themselves, we can empower them to resist grooming and actual abuse. Also, the…
A recent study indicates that asking children to talk about “the first time” or “the last time” that something happened may confuse them. According to the study, children ages 6-9 tend to think that questions about the first/last/most recent “time” makes them think that adults are asking about the specific date or time rather than…
New York governor Kathy Hochul has signed a bill designed to give adult survivors of abuse the right to file suit, regardless of how long ago the statue of limitations expired. The statute will be in effect for one year, beginning six months from the date that the governor signed the bill. It is patterned…
A teacher cannot be disciplined for refusing to conceal from parents the preferred names and pronouns that their children adopt at school, according to a recent injunction from the federal district court in Kansas. A teacher challenged the school district’s policies of (1) requiring teachers to adopt a student’s preferred names and pronouns, and (2)…
Hot weather is coming, and with it we will hear more stories about kids left behind on busses and vans. It’s always a frightening event, and sometimes fatal. The greatest danger comes from sleeping or otherwise quiet children that the driver overlooks before locking up the bus. Now is a good time to review your…
Many people think that all youth-serving organizations must follow a rule requiring two adults in any activity involving children. It is a common rule, but it is not a standard requirement for one simple reason — many organizations cannot afford it. Such a rule only works when there are plenty of trained volunteers to care…
It’s not unusual for youth organizations to hear from law enforcement investigating crimes against children who are in our care. Sometimes, they are looking into incidents that happened elsewhere, but many times they are investigating claims of injuries in our programs. The officers may request video, staff interviews, or staff/student contact information. In my experience,…
I often find myself in a case opposing a party who has designated his or her or a child’s treating therapist as an expert witness on various forensic issues. This arrangement is rarely, if ever, a good idea. I understand the temptation to save money by hiring one person instead of two. But a treating…
A fascinating and well-written federal court opinion explores the limits of university authority over a professor’s free speech. Nathaniel Hiers was an adjunct professor at the University of North Texas, and ran across a stack of pamphlets in the faculty lounge warning against various phrases that could be “microaggressions.” Hiers jokingly stuck a flyer on…