hey everyone, it was brought to my attention yesterday how awesome our student health plan is. the basic plan covers everything from acupuncture and chiropractics to ambulance rides to sex change. i made an acupuncture appointment yesterday after i found out, with an acupuncturist out in beaverton that the insurance website told me accept’s our insurance, and there was no problem at all. so if you need info go to the student health center.
Sustainability & Student Fees
I’m looking for feedback on how PSU student fees can be spent in ways that are more environmentally friendly. Check out the discussion on the EcoWiki.
~ Peter W, ASPSU Senator
Title IX and the Supreme Court
Supreme Court Considers Ability of Student to
Bring Sex Discrimination Claims Under Both
Title IX and the U.S. Constitution
By Amy Katz, Senior Counsel, Legal Momentum
This is an abridged version of Ms. Katz’s commentary on this case.
For the full-length version, click here.
Today, December 2, the United States Supreme Court will hear arguments in Fitzgerald v. Barnstable School Committee, a case that raises the question of whether Title IX, which prohibits sex discrimination by federally funded educational institutions, precludes claims of unconstitutional gender discrimination in the schools. Thirty-six years after Title IX was enacted, sex discrimination persists in many educational institutions. Consequently, comprehensive protection from discrimination, including the ability to bring constitutional claims, remains necessary to fully achieve equal opportunity in education. The Court’s decision in this case will have an impact on far more than the one child whose traumatic experience triggered it.
When Jacqueline Fitzgerald was in kindergarten, she told her parents that, whenever she wore a skirt or dress to school, a third-grade boy, Briton Oleson, ordered her to pull up her skirt and pull down her underwear while they rode the school bus. This harassment occurred over a six-month period, during which Jacqueline exhibited signs of serious emotional and physical distress.
Upon learning of the sexual abuse, her parents immediately complained to the school’s principal, who promptly met with them. The Fitzgeralds asked the principal and the school to take action in a variety of ways to address the situation, including transferring Briton to another school bus. The school investigated, and although several students corroborated Jacqueline’s statements, the principal determined that “they were too young to be credible.” Briton was not reprimanded and was not barred from contact with Jacqueline. The Fitzgeralds thought the school did not take Jacqueline’s accusations seriously and sued the school and its superintendant under two federal laws — Title IX and Section 1983, a federal statute enacted as part of the Civil Rights Act of 1871–claiming Jacqueline had continued to be subject to sexual harassment, which is a form of sex discrimination, that interfered with her education.
Both the district court and the First Circuit Court of Appeals judges who heard the case considered the harassment of Jacqueline “severe, pervasive and objectively offensive,” one of the standards for a Title IX suit. However, they dismissed the Title IX claim on the grounds that the school investigated promptly and did not show “deliberate indifference” to Jacqueline’s plight. The Section 1983 claims were dismissed on the grounds that they were precluded by the existence of the Title IX claim.
The question that is now before the Supreme Court is whether a school and its employees can be sued by a student for sex discrimination under Section 1983, or only under Title IX. The Supreme Court granted certiorari because the federal circuit courts are “split,” that is they have a variety of different approaches to this question. The underlying facts, isturbing though they may be, are not at issue at this stage and a “win” for the Fitzgeralds would only give them a fresh start with their equal protection claim against the school and the superintendent. Whatever the outcome for the Fitzgeralds, the case will resonate well beyond the life of the mistreated Jacqueline.
What can we reasonably expect from the Court in this case? First, there will definitely be a clarification of the law so that there is one standard throughout the United States and the rights of girls to sue under Section 1983 will no longer differ from region to region. Second, the Court should at a minimum leave open the right to sue under Section 1983 in instances when Title IX suits are not available, such as a challenge to a public school’s single-sex admissions policy, or a claim against a faculty member who threaten to lower a student’s grade if she does not have sex with him. If, however, a majority of the Court issues a more sweeping ruling, precluding all Section 1983 equal protection claims for sex discrimination against recipients of federal educational funds, then the only means for redress of sex discrimination claims by students would be Title IX. This would be a major step backwards for girls seeking equal educational opportunities and a learning environment free of sexual harassment.
MORE INFORMATION
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Read the amicus brief in Fitzgerald v. Barnstable at: http://www.aclu.org/pdfs/scotus/fitzgerald_v_barnstable_acluamicus.pdf
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For a more detailed explanation of sexual harassment in schools, its impact on girls, and the state of the law, read our Legal Resource Kit on Sexual Harassment in the Schools at http://www.legalmomentum.org/1101/
Bailing out CEO’s or Students?
From the Project on Student Debt:
Secretary Paulson’s plan to prop up private student loan providers as part of the $700 billion economic bailout package is misguided and would be harmful to students and borrowers. We should not spend taxpayer dollars to help CEOs while students are denied the right to discharge their education loans in bankruptcy if they run into financial hardships.
U.S. Treasury Secretary Henry Paulson’s plan to prop up private student loan providers as part of the $700 billion dollar economic bailout package is not a wise use of taxpayer dollars. However, it is an opportunity to raise awareness about the dangers of private student loans and push for stronger consumer protections.
Let Paulson know that we’re watching, and urge him to make receipt of government funds contingent on better treatment of past and future borrowers. Bailing out the lenders so they can make more of the same high-risk loans to students without any new consumer protections would be unconscionable.
Improvements for next term (Senate)
I’m working on my Leadership Credit portfolio right now, and it will include some changes to make next term. Here’s what I have so far. Some of these have been collected from senators.
- Accountability structure for university committees. Have senators give regular updates on what they’ve learned in their committees. Create a folder or area on the site for minutes. Post a calendar with the times and locations for the committees. Senators should also give attendance for the committees they sit on.
- Senate oversight and communication needs to be improved. Designate a point person for each campaign who can give an update every two weeks.
- Office hours for each senator will be chosen at the beginning of winter term. Those will be posted on the door of the office. There will be a sign-in sheet for group meetings and office hours.
- Follow-through on the resolutions we pass (Daniel)
- We need a senate rep for College Color Days (Daniel)
- We need some kind of ASPSU retreat or get-together with food so we can get to know all the branches of our administration.
What else? Please comment.
Rally at PSU makes national news
For those not aware, there was a rally, in support of full equal rights, particularly for the LGBTQ community, held at PSU last weekend. Estimates for attendance range from 800-1500, depending on time of day and the mood of the paper you read. I knew that all of the local news outlets had covered and mentioned it (even FOX 12!), but I was really happy to see this report on CampusProgress.org. Some great pictures, including our own illustrious Chief of Staff, Monique.
Green Empowerment
Article by Jazmin Ogle, one of my teammates for Green Empowerment
November 12, 2008
Green Empowerment sounds like it could be Portland’s premier green revolution yoga “joint”, a new stationary store specializing in recycled paper, or a second hand clothing shop on the corner of Main and 6th… but it’s not. Green Empowerment is a narrow office with large green logos and even larger windows. Understated though it may be, the work they do is far from small. Green Empowerment is a not-for-profit organization located in our own downtown Portland. Green Empowerment partners with rural communities in the developing world to implement renewable energy and water systems that alleviate poverty and preserve the environment. Although they may be small, they are mighty!
Green Empowerment’s mission is what first attracted me to the organization. I am your average PSU senior studying international studies with focuses in development studies and the Latin America region, who wanted to do more. Dr. John Rueter, PSU Environmental Sciences, tracked me down for a very intriguing project; he needed an international development studies perspective on a very small, intimate study team traveling with Green Empowerment to remote villages in Nicaragua. As you can imagine, I jumped on the opportunity.
And what a unique opportunity. Our team will apply what we learn on our study tour towards a business model or innovative project which we will, in turn, apply towards Green Empowerment’s development work in the region. This project is funded by a generous grant from the National Collegiate Inventors and Innovators Alliance (NCIIA) which will not only enable us hard working students to gain academic credit but to also fly us to the region for next to nothing.
One of the great and unique things about this trip is the involvement of senior capstone students. I am in the unique position to double dip in both aspects of this trip; I am part of both the small study team as well as part of the capstone group. This capstone group will be responsible for writing a grant which will fund development projects.
These two groups will come together with professor Dr. John Rueter, ESR, and Jason Selwitz, Green Empowerment’s Director of Service Learning, for a study tour/service project trip to several villages in Nicaragua. During our trip, we will learn about and visit recently installed water systems, meet with community members, build solar cookers and improved cook stoves, help install a wind turbine demonstration and solar panels, as well as celebrate with the families of a community who will have electricity for the first time.
Having never seriously stepped outside of a social science academic bubble, I find myself suddenly surrounded by engineers, environmental science and business students. Our academic backgrounds, expertise and perspectives on development are varied but we are coming together with guidance from Green Empowerment to address development issues through sustainable renewable energy systems. Green Empowerment is our beginning so that we may empower ourselves, our international partners and our global community.
And now I empower you, dear reader, to join us in making our world a better place. If you are a PSU student interested in renewable energy systems, travel or innovative thinking, join us! NCIIA is a two year grant. This means that you can continue our work in 2009-2010! Spots on both the NCIIA study team and the Capstone team could be yours. If you are interested, touch base with Dr. Reuter in the Environmental Science Dept.
If you can’t join us abroad but would like to help out, check out Willamette Weekly instead. Now on the internet and on a newsstand near you, it’s the Willamette Week Give Guide 2008. And guess who is in it for the first time among 55 select organizations? Green Empowerment! This means that you can donate online to Green Empowerment via the Give Guide website from November 12th through December 31st.
In recognition of your donation, the Willamette Week will send you a little something special in thanks. For just $25 dollars you can, not only help support Green Empowerment and our work in Nicaragua, but also receive a couple of TriMet bus tickets, a coupon for a loaf of Dave’s Killer Bread, a coffee drink at Peet’s, two scoops from Staccato Gelato, a stash tea bag, and a coupon good for a discount at Trebol restaurant. All that for your donation! That’s less than making a donation to support Green Peace canvassers on campus. And you get gifts. As a college student, I know that it can be hard to give out hard-earned money, but the first $2,500 in donations to Green Empowerment will be matched! That means your contribution will have the biggest impact on the communities they reach. So think, if you cannot be there with us in person, be with us in spirit as we reach out to families in need.
For more information I encourage you to explore:
Willamette Weekly’s Give Guide 2008: https://www.giveguide.oaktree.com/
Green Empowerment: www.greenempowerment.org
Upcoming event: Training on formal consensus
Sat & Sun, Nov 22 – 23
9 am -5 pm
@ Food For Thought Café
In this workshop, participants will learn to organize, facilitate, and participate in meetings based on Formal Consensus. We will focus on the theory and principles of Formal Consensus and how it is different from both majority rule voting and other versions of consensus. The beginner as well as the experienced consensus practitioner will find this workshop opens up a whole new set of possibilities for cooperative, democratic group dynamics.
The workshop is free.
- First day: framework & theory, little bit of role playing
- Second day: practicing and putting the consensus process into action
Feel free to only go to one of the days or some of the time. But please let me know so I can give the organizers a rough head count.
For more information contact SALP
Phone: 503-725-4452
E-mail: leadership @pdx.edu
Smith Walkway: Donuts and Thoughts
Thursday morning, hordes of people came out on campus for an opening party. It’s not often you find a bunch of students, faculty, and staff excited enough to show up at 9am to celebrate the completion of a construction project.
But this wasn’t just any construction project. This was the $727K walkway revamping between Smith and Neuberger that just re-opened–about two months later than planned. The fact that the area isn’t blocked off any longer is reason in and of itself to celebrate.
Still, I’m guessing that wasn’t why people showed up. Do you think maybe it was actually the free donuts from Voodoo Donuts that got people out?
Donuts aside, here are one person’s thoughts on the good, the questionable, and the ugly:
The Good:
- no more dumpsters! This was a horrible eyesore and the University gets mad props for getting dumpsters out of such a central area.
- improved ADA access. Apparently there were accessibility problems with the old concrete.
The Questionable:
- replacing mature trees with young trees (they look about 20 years smaller). Perhaps even worse: trashing those large trees that formerly lived between SMSU and Neuberger.
- concrete: it looks like we now have more of it than ever. Great if you’re in the concrete industry or want to increase stormwater runoff, but probably bad for a University trying to promote its ‘green’ image.
- lighting: are we using more energy now? Would the lights use less energy if they pointed down instead of illuminating the murals above?
- trying to fix the skybridge aesthetics with ceiling murals: definitely a noble effort. But how about just throwing something green – like vines – up there to cover the ugly concrete?
- ignoring the existing environment and student work: some years ago, a lot of students put a lot of effort into the cob benches, green roof, and cob oven that are perhaps the nicest features in the area. Perhaps the walkway’s design could have respected and reflected that work by incorporating natural/green-building aspects, e.g. more cob benches or eco-roofs?
- colored concrete: an interesting idea. What do you think?
- cost: a lot of people might wonder if we really needed to rip out concrete and pour more of it. Could the project have been done for less? Could we have spent some of that 3 quarters of a million dollars elsewhere – for example, on getting some solar panels so we can reallly be green?
The Ugly:
- Bike parking still wasn’t installed. [Apparently that will come after some further construction in the walkway.]
- A donut-laden opening ceremony … but no vegan donuts? At PSU? WTF?
Thoughts on the walkway or the opening ceremony?
Related: Vanguard Article
~ Peter W, ASPSU Senate
Some inconvenient truths about bottled water
“We are throwing away 14,000 water bottles every hour, 24 hours a day, seven days a week.” -Rep. Ben Cannon
PSU is the largest consumer of plastic water bottles in Oregon.
14,000 water bottles are thrown away every hour of every day in Oregon, and PSU is the single biggest consumer of water bottles in the state – I’ll let you do the math, but that’s a lot of plastic we’re tossing.
Starting January 2009, Oregonians will get a 5 cent refund when the recycle plastic water bottles, just like they do when the return cans and soda bottles.
This should encourage people to recycle, but is that enough? Why is it that we’re even buying water? In fact we’re buying it more than ever:
“More than seven times as much non-carbonated bottled water is sold annually in the U.S. than just a decade ago.” (Salem-News)
Perhaps for some it’s convenience (considering that 25% of bottled water is just repackaged tap water from CocaCola and Pepsi companies, it’s hard to believe people drink it for its purity [1]), but consider the inconvenience of these environmental impacts:
“The Pacific Institute estimates that producing the bottles for American consumption in 2006 required the equivalent of more than 17 million barrels (2,700,000 m3) of oil. … Bottling water thus created more than 2.5 million tons of CO2 in 2006.” (Wikipedia)
All this may make you wonder – why is a school full of sustainability-loving, freebie-seeking poor college students so addicted to buying bottled water when the tap water is just as clean, a whole lot more environmentally friendly, and most of all-absolutely free?
PSU’s Daily Vanguard has covered the bottled water issue [2,3], the City of Portland Water Bureau has a campaign promoting tap water, and recently there is a national campaign against bottled water.
Most recently, PSU student Liz Simmons is leading the charge against the bottle. Check out her informative post on the PSU EcoWiki. For more info, contact Liz via email: esimmons ~at~ pdx.edu
1: Bottled Water: A River of Money
2: Bottled Water No Better than Tap, 3/14/06
3: Bottled Isn’t Better, 10/24/08
~ Peter W, ASPSU Senate
