The Daily Texan 2019-02-22

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serving the university of texas at austin community since

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1900

FRIDAY, FEBRUARY 22, 2019

volume

119,

issue

NEWS

OPINION

LIFE&ARTS

SPORTS

Students are ditching plastic straws ahead of National Skip the Straw Day. PA G E 2

Columnists debate the impact of the Chicago Principles on campus free speech. PA G E 4

Student entrepreneur uses childhood challenges as motivation. PA G E 8

Texas looks to bounce back at home after suffering its first loss of the season. PA G E 7

105

LEGISLATURE

SYSTEM

UT System’s Title IX battle

State senator aims to create Texas’ first flood plan after Harvey

By Katelyn Balevic @KatelynBalevic

By Chad Lyle

itle IX is only a 37-word law, but its student and employee protections against gender discrimination are expansive and evolving. In November, the U.S. Department of Education released proposed regulations it said would improve how schools respond to allegations of sexual harassment and assault. “Every survivor of sexual violence must be taken seriously, and every student accused of sexual misconduct must know that guilt is not predetermined,” Secretary of Education Betsy DeVos said in a press release. “We can, and must, condemn sexual violence and punish those who perpetrate it, while ensuring a fair grievance process. Those are not mutually exclusive ideas.” The Department has said the proposed rules are meant to provide due process to students and help schools more clearly understand their legal obligations under Title IX. But officials at the UT are pushing back, saying the changes could be detrimental to students’ ability to seek recourse for allegations of sexual harassment and assault. “Essentially what it’s doing is it’s limiting the liability of institutions because the Title IX law is telling institutions you have a duty to respond,” said Krista Anderson, UT’s Title IX Coordinator. “By putting all of these different provisions and kind of caveats on all of it, it’s really changing what the scope of Title IX is.” The 1972 law states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” The proposed regulations would narrow the definition of sexual harassment and the manner in which universities

@LyleChad

emma overholt

can respond. The proposals were open to public comment for 60 days after their initial publication, and the Dept. of Education received over 104,000 comments, including one spanning 15 pages from the UT System. The Dept. of Education declined to comment to The Daily Texan about the System’s complaints.

Definition of sexual harassment

The proposed regulations

define sexual harassment as “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity,” according to the Dept. of Education. The current Title IX regulations require sexual harassment to be severe or pervasive, not severe and pervasive. The difference is some harassment could be severe but not pervasive or vice versa.

“(The Dept. of Education) is changing it (so) it has to be severe and pervasive and offensive, suggesting that a very unpleasant single evening of harassment is insufficient for the federal government,” said Daniel Sharphorn, UT System vice chancellor and general counsel, at a Texas House Higher Education Committee meeting last week. The proposed regulations also say harassment has to deny access to one’s education, as opposed to merely

| the daily texan staff

limiting access, as the current regulations require. “It has to deny access to an educational program, which suggests if a woman is victimized, she has to decide not to go to class in order file a complaint,” Sharphorn said in the higher ed meeting. The current regulations also say harassment must be objectively and subjectively offensive, whereas the proposed

TITLE IX

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With Hurricane Harvey still fresh on the minds of many Texans, one state senator has filed a series of bills to create the state’s first flood plan to better respond to future disasters. Sen. Charles Perry, R-Lubbock, authored three proposals — Senate Bill 396, Senate Bill 397 and Senate Joint Resolution 28 — to establish a comprehensive plan for addressing flooding across the state. The plan would be overseen by the Texas Water Development Board and implemented by 2024. Perry said the plan is important even for non-coastal areas in Texas. “Flood events in Texas are not limited to our coastal communities,” Perry said in an email. “If we think back to the month of May 2015, Texas experienced record rainfall from Amarillo at over nine inches, Wichita Falls received 13 inches and Dallas-Fort Worth got almost 17 inches. Rain and river basin flooding can happen throughout the state.” A key element of Perry’s plan is establishing a State Flood Plan Fund. Perry wants the money for the reserve to come from Texas’ Economic Stabilization Fund — more commonly known as the rainy day fund. Taking money from the rainy day fund to create the new Flood Plan Fund would require an amendment to the Texas Constitution, making Perry’s effort more complicated to pass than a regular bill. Josh Blank, manager of online resources at the Texas Politics Project, said the Texas Constitution is

FLOOD

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CITY

APD launches reunification effort for phones stolen at ACL By Hayden Baggett @hansfirm

The Austin Police Department is attempting to reunite more than 100 stolen phones with people that went to Austin City Limits Weekend One in 2018, according to a press release by APD. The release said investigators with the Osceola County Sheriff’s Office in Florida intercepted a package at the post office containing a number of phones last October. According to the release, an operation was conducted and resulted in the arrest and deportation of three Colombian nationals on charges of trafficking stolen property across state lines. APD Sgt. Noel Guerin, who supervises South Austin’s property crime

investigations, said he received dozens of reports of cell phone theft during ACL Weekend One. Once the package was intercepted later that month, Guerin said the Florida officers linked a few of the devices to ACL attendees and contacted him before shipping the phones back to Austin. The phones were placed on airplane mode or had their SIM cards removed to reduce the possibility of tracking the devices. Guerin declined to reveal what led investigators to find or open the package containing the phones in the first place. The Osceola County Sheriff’s Office did not respond to a request for comment. “We got officers to closely examine the phones and talk to people whose phones we had … so there’s a pretty

safe assumption that all the phones that we have come from the first weekend,” Guerin said. Guerin said this is the largest item reunification effort APD has undertaken. Close to 20 devices have been returned so far, Guerin said, and there are roughly 90 phones remaining. “Everyone we talked to is just really impressed that we’re actually able to get their phones back,” Guerin said. “They’ve been very thankful. It’s been really cool, and it’s been unique to touch so many people’s lives in this kind of way.” Biology freshman Kaitlyn Nguyen said she lost her phone at ACL Weekend Two and can see how festivals are an easy target for phone theft.

PHONES

RING WEEK ENDS TODAY! Order today • 10 a.m.–4 p.m. Etter-Harbin Alumni Center texasexes.org/rings COMPLETED HOURS REQUIRED: Undergraduate, 75; Graduate, 16

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albert lee

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