federal

Language Access and Schools: Federal Requirements and School Experiences

This webinar from the MPI’s National Center on Immigrant Integration Policy and the U.S. Conference of Catholic Bishops’ Bridging Refugee Youth & Children’s Services program explores federal requirements for providing interpretation and translation in schools and how select school districts in Minnesota and Colorado have managed these requirements.




federal

Federal Update: A Conversation on Language Access with the U.S. Department of Justice

This MPI webinar features U.S. Department of Justice (DOJ) officials discussing the department’s efforts to improve communications with Limited English Proficient (LEP) communities in federal and federally-funded programs and activities.




federal

Federal Update: A Conversation on Language Access with the U.S. Department of Justice

This MPI webinar features U.S. Department of Justice (DOJ) officials discussing the department’s efforts to improve communications with Limited English Proficient (LEP) communities in federal and federally-funded programs and activities.




federal

Danger Ahead for Aspiring Citizens as New Federal Workforce Law Is Implemented

Ahead of National Citizenship Day, this commentary examines how regulations for the implementation of the federal Workforce Innovation and Opportunity Act (WIOA) at state and local levels could jeopardize citizenship preparation services for millions of immigrants across the United States.




federal

It is Time for Federal Agencies to Do More to Improve the Provision of Language Access Services

Whether driven by pragmatism, local laws, or federal civil-rights provisions, state and local governments and agencies across the United States increasingly have designed and implemented language access services (i.e. translation and interpretation) in response to growing Limited English Proficient populations. This commentary argues it is time for the federal government to follow suit.




federal

Magnus Gardham: After Brexit, has the time come for a federal UK?

Nicola Sturgeon has promised to exhaust all options in an effort to keep Scotland in the EU after the country voted by 62 per cent to 38 per cent against Brexit.




federal

In RTI Era, is Federal Special Education Law Out of Date?

There are still lots of questions about how response-to-intervention is used, and whether it's being used correctly, considering that federal rules about identifying students with disabilities haven't changed.




federal

Spirit of federalism: Centre must allow states to resume liquor sales

This trend continues even for local governments, which come to rely more on state transfers to run the administration.




federal

A Federal Judge Slams Trump: "Even the 'Good Hombres' Are Not Safe"

Today, a federal appeals court judge in California rebuked the Trump administration for its zealous deportation policy and for "ripping apart a family." Judge Stephen Reinhardt of the 9th Circuit Court of Appeals found that he had no power to stop the removal of Andres Magana Ortiz, but nevertheless took the time to write a short opinion blasting his deportation as "inhumane."

"We are unable to prevent Magana Ortiz's removal, yet it is contrary to the values of this nation and its legal system," Reinhardt wrote in a six-page concurring opinion. "Indeed, the government's decision to remove Magana Ortiz diminishes not only our country but our courts, which are supposedly dedicated to the pursuit of justice…I concur as a judge, but as a citizen I do not."

As Reinhardt detailed in his opinion, Magana Ortiz came to the United States from Mexico 28 years ago, built a family and a career, and paid his taxes. His wife and three children are American citizens. His only legal transgressions were two DUIs, the last one 14 years ago. "[E]ven the government conceded during the immigration proceedings that there was no question as to Magana Ortiz's good moral character," Reinhardt noted. Nonetheless, in March the government decided to deny Magana Ortiz's application for a stay of removal while he applied for legal residency status, a process that is still underway, and moved to deport him to Mexico.

Reinhardt took particular aim at the fact, demonstrated repeatedly in the first months of Donald Trump's presidency, that the administration's immigration crackdown is not only targeting violent criminals. "President Trump has claimed that his immigration policies would target the 'bad hombres,'" he wrote. "The government's decision to remove Magana Ortiz shows that even the 'good hombres' are not safe. Magana Ortiz is by all accounts a pillar of his community and a devoted father and husband. It is difficult to see how the government's decision to expel him is consistent with the President's promise of an immigration system with 'a lot of heart.' I find no such compassion in the government's choice to deport Magana Ortiz."

Read the full opinion below.

 




federal

Pressure mounts on federal government to help fix, build long-term care homes as pandemic takes deadly toll

The catastrophic impact of COVID-19 on long-term care facilities likely was exacerbated by the outdated design and crowded conditions found in some seniors’ homes, experts say.




federal

Tesla files complaint in federal court claiming 'no rational basis' for factory shutdown

Tesla alleged in a lawsuit that California's Alameda County, where the automaker has a factory, went against state rules and "created a legal quagmire."




federal

Germany and the Euro Area: Addressing the Competitiveness Challenge - OECD report presented to German Federal Chancellor Angela Merkel

Restoring competitiveness is one of the key challenges to bring European economies back on a path of strong, sustainable and balanced growth. Europe could improve its growth prospects by implementing a strategic reform agenda with a broad range of policy reforms to increase productivity, dynamism and employment.




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OECD seriously concerned by lack of foreign bribery convictions, but encouraged by recent efforts by the Australian Federal Police

Australia’s enforcement of its foreign bribery laws has been extremely low, with just a single case leading to prosecutions out of 28 referrals in 13 years. Cases may have been closed prematurely. Australia must vigorously pursue foreign bribery allegations.




federal

The joint Substance Data Pool of the German Federal Government and the German Federal States (GSBL) is the 30th database linked to eChemPortal

The Joint Substance Data Pool of the German Federal Government and Federal States (GSBL) is now linked to eChemPortal. Records contain information on physical and chemical properties, on ecotoxicological and toxicological parameters and on environmental fate. They provide descriptions of environmental hazards, health dangers, fire and other technical hazards and give information on relevant chemicals-related legislation.




federal

Federalism, citizenship and decentralisation


Ramesh Ramanathan




federal

The impact of the partial federal government shutdown on Los Angeles

Business Update with Mark Lacter

The partial federal government shutdown is one week old, but economists are still saying that its impact in Southern California and elsewhere will be limited.

Susanne Whatley: Business analyst Mark Lacter, why is that?

Mark Lacter: If you look back on the history of these things, Susanne, you see that the disputes are resolved before too much damage gets done.  As for Southern California, I notice that KPCC's Alice Walton was asking around over the weekend about the shutdown, and most folks gave it a shrug.  The regional economy is just too diversified - and not especially tied to federal employment.  You have about 46,000 federal workers employed in L.A. County in one capacity or another - that's out of a workforce of nearly 5 million.  And, now it appears as if the federal employees who have been furloughed are going to receive their back wages whenever the shutdown finally ends.

Whatley: That still might make things dicey when it comes time to pay the monthly mortgage...

Lacter: ...but at least money will be available before most folks run into serious liquidity issues.  That's what the shutdown really comes down to - inconvenience rather than dislocation.  And, you see this with the various government services affected: the E-Verify website is down - that lets business owners know whether the people they're wanting to hire can work legally in the U.S., which obviously is important.  The Small Business Administration has stopped processing loan applications, and the Federal Housing Administration is reporting delays in its loan processing, which could mean a home buyer might not complete his or her paperwork all that quickly.

Whatley: But, what if this were to go on for months?

Lacter: Well, then it would create problems, but nobody really thinks that's going to happen.  The real issue, not just nationally and regionally - but globally - is the refusal by Congress to raise the debt ceiling.  The deadline is a week from Thursday, and - of course - there's been all sorts of debate about what this would mean for the economy.

Whatley: All right, so what would this mean for the economy?

Lacter: Well, no one knows exactly.  But, then again, no one knows exactly what would happen if you fell out of a airplane without a parachute.  I just wouldn't want to test it out.  And, of course, let's keep in mind that these are manufactured crises - not reflective of anything that's going on with the real economy.  It's certainly not reflective of anything that's going on in L.A., which saw a big jump in payroll jobs for 2012 - actually it was the sharpest increase since 2005, and nearly double the national rate (that's despite an unemployment rate that remains very high in certain parts of Los Angeles).

Whatley: What about some of the big locally based companies?

Lacter: Well, if your company is publicly traded, there's a good chance your shares took a dip these past few days.  Going back to September 18, the Dow has lost almost 700 points, which - percentage-wise - is not very much, but it is reflective of how uneasy Wall Street has become.  Public companies based in the L.A. area are taking it on the chin - Disney, Amgen, Mattel, DirecTV - their stock prices are all down going back to the middle of September.

Whatley: Even so, hasn't this been a good year for the stock market?

Lacter: It has - those local companies are up anywhere from 13 percent 30 percent year to date, and the Dow is up 14 percent year to date.  Of course, the stock price of a company doesn't always match the amount of money it makes, and this year, even before worries about the debt ceiling, the numbers haven't been as good as they should be at this stage of a recovery.  And, that's why there's particular concern about next week.  You do have to wonder whether a default could have ripple effects involving trade, consumer spending, the dollar - who knows what?  Now, it's still a pretty good bet that saner heads will prevail, although there are no guarantees - and again, if worse came to worse, do you really want to be jumping out of that plane?  Guess we'll find out.

Mark Lacter writes for Los Angeles Magazine and pens the business blog at LA Observed.com.

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Lacter: Covered California website doing better than federal one

Business Update with Mark Lacter

The state's online registration for Covered California has been up for a couple of weeks, and reaction has been mixed.

Steve Julian: Business analyst, Mark Lacter, what's your take on how well Californians are getting into the Affordable Care Act?

Mark Lacter: It's hard to get a good read, Steve, because it's hard to measure the success of what is really a new marketplace.  If you're basing it on the number of unique visitors coming to the Covered California website, well, then the program clearly has attracted lots of interest - they had almost a million visitors during the first week of eligibility.  But, maybe a better measure would be the number of people whose applications actually have been received by the insurance companies that are going to handle the claims.  If that's your measuring stick, then the numbers have been far smaller so far.  Now, it's worth pointing out that California - and particularly L.A. County - have a higher percentage of households without insurance than other parts of the nation, and so you'd expect there to be lots of interest.

Julian: So the question, then, is how many folks turn into actual policyholders paying actual premiums each month.

Lacter: The truth is nobody knows, which is why state officials want to sign up as many people as possible in the early going when the program is getting so much attention.  This is especially true for younger and healthier people who are needed to help offset the cost of caring for older and sicker people.

Julian: And, that's also why any computer glitch can be such a headache...

Lacter: That's right.  Covered California did run into problems in the early going, but everybody agrees that things are going much better than the federal website, which is the default site used by folks in states that don't have their own program to oversee the health care laws.  That federal site has been an utter disaster.  So, by comparison, California is ahead of the game.

Julian: It's a work in progress, even here.

Lacter: Very much so.  The California website still doesn't have a way for enrollees to find out which doctors and hospitals are included in each health plan.  And, that's a big deal because  insurance companies are limiting the options available as a way of keeping premiums low.  So, it's possible that the doctor you had been using for your individual insurance plan will not be on the list of doctors that can be used for one of the cheaper plans.  Of course, for someone who doesn't have any health coverage, none of that is likely to matter.

Julian: And then, there's the continued threat of a U.S. default...

Lacter: You know, Steve, this is like watching the beginning of a bad traffic accident in slow motion - and we're all pretty helpless to do anything about it.  And, so are the financial markets, which are moving back and forth not based on what's going on with the economy or with any industry, but on the latest press conference out of Washington.  One thing we do know is that if the nation does go into quote-unquote default - and we're not even sure what that might mean - but if Wall Street and somehow declares this a major crisis, it's going to be bad.

Julian: Who gets hit?

Lacter: It'll impact anyone who has a retirement account, any business wanting to borrow money, and potentially it's going to impact the budgeting of the state.  You know, one of the things we were reminded of during the Great Recession was how reliant California has been on higher-income individuals who make a lot of their money through the stock market and other investments.  So, when those folks do well - as they have been over the last year - the state coffers will do well.  And when they don't, as was the case in 2008 and 2009, the state takes a huge hit because there's not enough tax dollars coming in.  Gov. Brown and others have tried to lessen the reliance on those top tiers - so far without success.

Julian: And the state's budget situation is so much better than it was a year or two ago.

Lacter: That's the real pity.  And, even if the House and Senate reach a temporary agreement on the debt ceiling, it's just a matter of weeks or months before another deadline crops up - and more uncertainty for the financial markets.  I guess Chick Hearn would have called this nervous time.

Mark Lacter writes for Los Angeles Magazine and pens the business blog at LA Observed.com.

This content is from Southern California Public Radio. View the original story at SCPR.org.




federal

One-Stop Shopping for Federal Scientific Collections

Federal agencies act as custodians of hundreds of diverse scientific collections that contain everything from plant and animal specimens, tissues, and DNA to microbes, minerals, […]

The post One-Stop Shopping for Federal Scientific Collections appeared first on Smithsonian Insider.




federal

US Federal Reserve sets up new community for upcoming instant payment offering

The US Federal Reserve has created a new group to advise on its planned faster payments service, the FedNow...




federal

Federal Fuel Economy Standards Program Should Be Retooled

Although the federal program that sets fuel economy standards for cars and light-duty trucks has helped reduce U.S. dependence on imported oil and lower emissions of greenhouse gases, changes to the program could further cut the nations petroleum dependence and provide more flexibility to carmakers.




federal

Analysis Used by Federal Agencies to Set Fuel Economy and Greenhouse Gas Standards for U.S. Cars Was Generally of High Quality - Some Technologies and Issues Should Be Re-examined

The analysis used by federal agencies to set standards for fuel economy and greenhouse gas emissions for new U.S. light-duty vehicles -- passenger cars and light trucks -- from 2017 to 2025 was thorough and of high caliber overall, says a new report from the National Research Council.




federal

Increase in the Number of Children Who Receive Federal Disability Benefits for Speech and Language Disorders Similar to Trends in the General Population, Says New Report

The increase in the number of children from low-income families who are receiving federal disability benefits for speech and language disorders over the past decade parallels the rise in the prevalence of these disorders among all U.S. children, says a new report by the National Academies of Sciences, Engineering, and Medicine.




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Report Affirms the Goal of Elimination of Civilian Use of Highly Enriched Uranium and Calls for Step-wise Conversion of Research Reactors Still Using Weapon-grade Uranium Fuel - 50-year Federal Roadmap for Neutron-based Research Recommended

Efforts to convert civilian research reactors from weapon-grade highly enriched uranium (HEU) to low enriched uranium (LEU) fuels are taking significantly longer than anticipated, says a congressionally mandated report from the National Academies of Sciences, Engineering, and Medicine.




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Federal Regulatory Agencies Need to Prepare for Greater Quantity and Range of Biotechnology Products

A profusion of biotechnology products is expected over the next five to 10 years, and the number and diversity of new products has the potential to overwhelm the U.S. regulatory system, says a new report from the National Academies of Sciences, Engineering, and Medicine.




federal

New Report Calls on Federal and State Collaboration to Address Brucellosis Transmission From Elk

Efforts to control brucellosis in the Greater Yellowstone Area (GYA) should focus on reducing the risk of transmission from elk, which are now viewed as the primary source of the infection in new cases occurring in cattle and domestic bison, says a new report by the National Academies of Sciences, Engineering, and Medicine.




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Report Offers Guidance to Federal Government on Creating a New Statistics Entity to Combine Data From Multiple Sources While Protecting Privacy

A new report from the National Academies of Sciences, Engineering, and Medicine offers detailed recommendations to guide federal statistical agencies in creating a new entity that would enable them to combine data from multiple sources in order to provide more relevant, timely, and detailed statistics – for example, on the unemployment rate or the rate of violent crime.




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New Report Calls for Lowering Blood Alcohol Concentration Levels for Driving, Increasing Federal and State Alcohol Taxes, Increasing Enforcement, Among Other Recommendations

Despite progress in recent decades, more than 10,000 alcohol-impaired driving fatalities occur each year in the U.S. To address this persistent problem, stakeholders -- from transportation systems to alcohol retailers to law enforcement -- should work together to implement policies and systems to eliminate these preventable deaths, says a new report from the National Academies of Sciences, Engineering, and Medicine.




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U.S. Department of Transportation Should Revisit Federal Safety Regulations for Liquid Petroleum Gas Distribution Systems, Says New Report

Current federal safety regulations for small distribution systems used for propane and other liquefied petroleum gases (LPGs) should be improved for clarity, efficiency, enforceability, and applicability to risk, says a new reportfrom the National Academies of Sciences, Engineering, and Medicine.




federal

Federal Investments Are Imperative for Continued Success in Highway Innovation, Says New Report

The nation’s highways and roads connect almost 330 million Americans and are important to both commerce and national security. Two-thirds of total passenger travel in the country moves along this vast network of roads, as does 60 percent of the weight and almost three-quarters of the value of total U.S. freight transported.




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For These Federal Employees, Telework Means Productivity Is Up, Their Backlog Is Down

A woman passes a closed Social Security Administration office in Los Angeles in 2013. Some 53,000 of the agency's workers are now working from home.; Credit: Frederic J. Brown/AFP via Getty Images

Brian Naylor | NPR

The coronavirus pandemic has forced many people to work from home, and that includes employees of the federal government. The numbers vary by agency, but at the Social Security Administration, some 53,000 workers are doing so.

Social Security field offices are closed. But the shutdown hasn't stopped the agency from processing claims for new benefits and appeals of benefit denials. And according to statistics that the SSA sent its workers, the agency has been doing so at a faster pace than before.

"Telework is proving a great boon to the service Social Security provides to the American people," says Ralph deJuliis, who works at the SSA's office in Tulsa, Okla. "We are getting the checks to people faster and quicker."

DeJuliis is president of the American Federation of Government Employees Council 220, which represents many Social Security workers. And he says he hopes the SSA will continue allowing employees to work from home.

Telework, he says, is "good for the employees, good for the public. We've got the work done. We kept the public out of harm's way because, let's face it, we deal with mostly people who are old or disabled. They are at the highest risk."

According to deJuliis, the SSA has found that its backlog of pending cases has fallen by 11% since March 23, when the agency instituted wide-scale telework, and that calls from recipients are answered more quickly.

Isabel Sawhill, a senior fellow at the Brookings Institution, says it's not surprising that productivity is up.

"Actually, there are studies that have been done, including studies in government agencies — small-scale studies, to be sure — but they have shown that productivity does rise when people get to work from home," she says.

Jeff Neal, a former head of human resources at the Department of Homeland Security, says it's not surprising that people become more productive when they work from home.

"The really good workers might be sitting there at their home desk, wherever that is," he says. "And they're supposed to stop at 5 o'clock, and they look at their watch or their computer and they realize it's 7 o'clock and they've still been working, because they get into things and they start getting stuff done and they just keep on going."

It's unclear how many federal workers across the government are teleworking. According to the most recent statistics, from two years ago, 42% of the some 2.1 million government employees were eligible to telework, although only about half of those were in fact working from home.

The Trump administration had been hostile to teleworking, Neal says, because in its view it sees it as a benefit to federal workers. But Neal says it's also a benefit to taxpayers.

"If people view it as what it really is, which is something that is in the interest of the federal government to have, then they would continue it because it helps them hire. It helps them retain people," he says. "And most importantly, it helps them remain operational during a national emergency. So it's a very good thing."

And Sawhill at Brookings says she expects teleworking will continue to increase both in government and the private sector after the coronavirus crisis ends.

"This experience has showed us that we can get work done at home and that we can meet people's needs, the public's needs, by doing so," she says. "That doesn't mean there aren't lots of downsides. But overall, I think this is a trend that is going to accelerate sharply as a result of this recent experience."

The federal government has not given any guidance as to when it expects all federal workers to return to their offices.

The SSA issued a statement saying it continues to monitor the COVID-19 situation across the nation, promising that when it does reopen offices, it will provide a safe environment for the people it serves and its employees.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




federal

Federal Appeals Court Panel Clears Path To Executions, Throwing Out Lower Court Order

David Welna | NPR

Two judges appointed by President Trump to the District of Columbia Circuit Court of Appeals prevailed Tuesday in a ruling that clears the way for the executions of four inmates.

The only dissenter in the 3-2 ruling was Judge David Tatel, an appointee of former President Bill Clinton. The judges were reviewing a lower court's injunction that had blocked the scheduled executions.

The decision was seen as a win for Trump's Justice Department, which issued new guidelines last July that would have allowed the federal government to carry out its first executions in 16 years.

The fates of the four men remain unresolved because their death sentences were sent back to the lower court for further proceedings.

In December, the U.S. Supreme Court declined the Justice Department's request to vacate the lower court's injunction that scuttled the planned executions.

At issue is the question of whether the condemned men should be put to death by the injection of only one barbiturate — pentobarbital — as called for in the Justice Department's July 2019 memo.

Many of the 28 states where the death penalty is still legal require a lethal injection cocktail containing not one but three barbiturates. Those states include Indiana, where the scheduled executions were to take place.

Pharmaceutical companies have stopped producing at least one of the three drugs used in that lethal mixture, and several botched executions have resulted from some states using untested formulas.

The 1994 Federal Death Penalty Act calls for executions to be carried out "in the manner prescribed by the law of the State in which the sentence is imposed."

Judge Gregory Katsas argues in his majority opinion that the "manner prescribed" simply refers to the method of execution rather than the protocols each state follows in carrying out each kind of execution.

"The government says that 'manner' here means 'method'," Katsas writes, "such that the FDPA regulates only the top-line choice among execution methods such as hanging, electrocution, or lethal injection. In my view, the government is correct."

Judge Neomi Rao, in a concurring opinion, argues that while the word "manner" refers not only to the method of execution, it cannot be interpreted in isolation. "It is a broad, flexible term," she says, "whose specificity depends on context."

In his dissent, Tatel says the best understanding of the 1994 statute is that it "requires federal executions to be carried out using the same procedures that states use to execute their own prisoners.

"Had Congress intended to authorize the Attorney General to adopt a uniform execution protocol," Tatel argues, "it knew exactly how to do so."

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




federal

Nursing Home Association Asks For $10 Billion In Federal Coronavirus Relief Funds

Two workers approach the entrance to Life Care Center in Kirkland, Wash., on March 13. An association that represents nursing homes is asking for billions of dollars in federal relief funds to cope with the coronavirus crisis.; Credit: Ted S. Warren/AP

Ina Jaffe | NPR

With more than 11,000 resident deaths, nursing homes have become the epicenter of the COVID-19 crisis. Now, they're asking the federal government for help — $10 billion worth of help.

The American Health Care Association, the trade organization for most nursing homes, called the impact on long-term care facilities "devastating." In a letter sent this week to the Federal Emergency Management Agency and Health and Human Services Secretary Alex Azar, they ask for the federal government to designate relief funding from the CARES Act for nursing homes the way it has for hospitals.

The money would be used for personal protective equipment, salaries for expanded staff, and hazard pay. In addition, some of the funds would make up lost revenue for nursing homes that have been unable to admit new residents because of the outbreak.

The AHCA also wants nursing homes to have more access to testing and some members of Congress want that too. This week, 87 members of the House of Representatives sent their own letter to Azar, as well as to Seema Verma, the administrator of the Centers for Medicare and Medicaid Services, which regulates nursing homes. The letter asks those agencies to direct states — which have received billions of dollars for increased testing — to give priority to long-term care facilities.

The letter also notes that nursing homes are now required to report their numbers of COVID-19 infections and deaths to the Centers for Disease Control and Prevention, but that they can't meaningfully do this unless they can test everyone in the facility.

Democrats in both the House and the Senate have also introduced legislation intended to make things safer for both nursing home staff and residents. The bill would require nursing homes to take a range of actions, from providing better infection prevention, to supplying sufficient protective gear, to protecting a resident's right to return to the nursing home after they've been treated for COVID-19 at a hospital.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




federal

Federal Rules Give More Protection To Students Accused Of Sexual Assault

Secretary of Education Betsy Devos, seen on March 27, has released new rules for sexual assault complaints on college campuses.; Credit: Jim Watson/AFP via Getty Images

Tovia Smith | NPR

New federal regulations on how schools – from kindergarten all the way through college — must respond to cases of sexual assault and harassment are drawing swift and mixed reactions.

Education Secretary Betsy DeVos announced what she called historic changes Wednesday to Obama-era guidelines that she said will make the process fairer and better protect accused students. While some welcome the changes to Title IX as long overdue, survivors' advocates are panning the new rules as a throwback to the days when sexual assault was seldom reported or punished, and schools are protesting they can't possibly implement them by summer, as required.

Among the most significant changes are new regulations aimed at beefing up protections for accused college students, by mandating live hearings by adjudicators who are neither the Title IX coordinator nor the investigator, and real-time cross examination of each student by the other student's lawyer or representative.

"Cross examination is an important part of ensuring truth is found," said DeVos, adding that "our rule is very sensitive to not requiring students to face each other. In fact it specifically prohibits that. But it's an important part of ensuring that justice is ultimately served."

Under the new regulations, students also have a right to appeal, and schools are allowed to raise the evidentiary standard from "a preponderance of the evidence" to "clear and convincing," making it harder to find a student responsible for misconduct.

Also, the definition of sexual harassment narrows, so only that which is "severe, pervasive and objectively offensive" warrants investigation. On the other hand, dating violence and stalking would now be added to the kinds of offenses that schools must respond to.

Devos' proposed regulations, released last fall, would have given schools no responsibility to deal with off-campus incidents. But after a torrent of criticism, the final rules clarify that schools must respond to off-campus incidents that are in places or during events that the school is involved with. So, for example, frat houses would be covered, but a private off-campus apartment, would not. And a school would be obligated to respond to an alleged incident during a school field trip but not a private house party.

Cynthia Garrett, co-president of Families Advocating for Campus Equality, a group that advocates for the accused, welcomes the changes as long overdue.

"Anybody who's accused of something so vile [as sexual assault] has to have the opportunity to defend themselves," she says. "I think that in order to ruin someone's life [by expelling them from school] there has to be a process like this. It shouldn't be easy."

An accused student who asked to be identified as John Doe, as he was in his court cases, agrees that the new regulations are "very encouraging." He sued his school for suspending him after a hearing that he says denied him due process, by forcing him to defend himself without his attorney, and not allowing him to question his accuser. Later, after a federal court ruling in his favor, he reached a settlement with his school that wiped his record clean. But that was after nearly five years of what he describes as torment.

"People don't realize what these hearings used to look like," he says. "They can't just be a horse and pony show where they go through the motions and the school comes to a predetermined outcome."

Survivor advocates, however, say the new regulations will have a chilling effect on reporting, as alleged victims may view it as futile to file a formal complaint, or too retraumatizing, for example, to be subject to cross-examination. "This is extremely worrisome," says Sage Carson, manager of the survivor advocacy group Know Your IX. The new regulations "make it clear to me that DeVos cares more about schools and [accused students] than she does about survivors," says Carson.

The off-campus exclusion is also a sticking point. "We know that a majority of violence does not happen in libraries or in on-campus housing," says Carson.

She says she was assaulted in an off-campus apartment years ago, and was allowed to file a formal Title IX complaint back then. But if the rules then were like what DeVos is announcing now, Carson would not have had the option. "I would absolutely have dropped out of school," she says.

Doe, however, who was accused of an alleged assault during a private weekend jaunt hundreds of miles away from school during summer break, says the new rules prevent that kind of "overreach." His accuser wasn't a student at his college anymore. He says, "I just don't think that's reasonable."

Schools meantime, have objections of their own, first and foremost being forced to play the role of virtual trial courts to adjudicate intensely complex cases.

"We are not set up to do that," says Terry Hartle, senior vice president of the American Council on Education, a trade association representing 2,000 public and private colleges and universities. "We do not have the legal authority to do that. We don't have the social legitimacy to do that. We want to teach students. We don't want to run courts."

Schools also object to the timing, requiring the changes to be implemented by August 14th, even though schools are already overwhelmed with managing their sudden switch to online learning because of COVID-19.

"This is madness," says Hartle. "This is an extraordinarily complicated piece of work that they have spent more than three years developing. It's a mistake to now turn to colleges and universities and say, put it in place in 100 days. It's simply not going to work very well."

Smaller schools, especially, Hartle says, "are just overwhelmed. They don't know how or where to begin" to implement these changes.

Anticipating the objections, DeVos insisted that "civil rights really can't wait. And students cases continue to be decided now." She suggested that this may actually be the best time for schools to make the changes since there are no students on campus.

Hartle says schools will continue pressing for the Department of Education to allow schools more time. Meantime, several legal challenges are in the works, so a temporary stay is also a possibility. That would give schools a reprieve while those cases wind their way through the courts.

Copyright 2020 NPR. To see more, visit https://www.npr.org.

This content is from Southern California Public Radio. View the original story at SCPR.org.




federal

Rep. Adam Schiff On Efforts To Provide Federal Relief For Entertainment Industry

U.S. Rep. Adam Schiff (D-CA) listens during a news conference in front of the U.S. Capitol.; Credit: Alex Wong/Getty Images

FilmWeek®

As we discussed last week on FilmWeek, entertainment industry professionals are among the hardest hit amid the stoppage of everyday work and life due to COVID-19. Whether you’re on camera or stage, or behind it, above the line or below it, production shutdowns mean that industry professionals who already rely on sporadic work as it’s available are left with few to no options for sustainable income. 

Last week, Congressman Adam Schiff and other members of Congress who represent areas with large constituencies that work in the entertainment industry sent a letter to House leaders asking them to provide relief for both freelance and contract entertainment industry workers. “The unique freelance nature of work in film, television, theater, and live music means that a large number of the professionals who make these productions possible work only sporadically—often with extended periods between paying jobs—and count on income from each project to make ends meet,” the letter said in part. “As a result, many of them can’t qualify for traditional unemployment benefits or paid emergency leave, yet will now be unable to cover their basic expenses due to lost work.” 

Today on AirTalk, Congressman Schiff joins us to talk about what relief both freelance and contract entertainment industry professionals can expect if the House passes the stimulus package that would provide financial aid to Americans during the coronavirus pandemic. 

Guest: 

Adam Schiff, U.S. Congressman representing California’s 28th Congressional District, which includes Burbank, parts of Pasadena, and Glendale, and chairman of the House Intelligence Committee; he tweets @RepAdamSchiff

This content is from Southern California Public Radio. View the original story at SCPR.org.




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Federal Court dismisses ACCC appeal on PN Aurizon case

6 May 2020

The Full Court of the Federal Court has today delivered its judgment on the ACCC’s appeal in relation to proceedings brought to stop Pacific National’s acquisition of the Acacia Ridge Terminal in Brisbane by Aurizon (ASX: AZJ).

The ACCC had appealed the 2019 judgment of the Federal Court which held that the acquisition would not be likely to substantially lessen competition due to an undertaking that Pacific National had offered the Court.

While the ACCC was successful in relation to a number of legal issues, the Full Court found there was insufficient evidence to establish that the acquisition was likely to result in a substantial lessening of competition, and dismissed the ACCC’s appeal.

Although the majority of the Full Court agreed with the ACCC’s position on the meaning of ‘likely’, the case hinged on the ACCC establishing the likelihood of another player seeking to enter the market in the next five to ten years. The Full Court considered that the prospect of new entry was no more than speculative.

“This was a particularly important case for Australia’s merger laws, and the outcome demonstrates the real difficulty of applying the substantial lessening of competition provisions in the legislation,” ACCC Chair Rod Sims said.

The result of the Full Court’s decision is that Pacific National’s acquisition of the Acacia Ridge Terminal may proceed, without the access undertaking accepted by the trial judge.

“This is also a sad day for the economy, because the ACCC’s view is that the prospects of competition in rail freight have been significantly diminished and the impacts of this will be with us for more than a decade,” Mr Sims said.

The ACCC’s case was that Pacific National’s ownership of the Acacia Ridge Terminal would allow it to effectively prevent access to new entrants, entrenching Pacific National’s position as the dominant rail freight carrier on the east coast.

“We will now carefully consider the Full Court’s judgment. The ACCC will continue to consider what changes are needed to make Australia’s merger laws work in the way they need to, to safeguard the economy from highly concentrated markets,” Mr Sims said.

Notes to editors

The term ‘intermodal’ freight is used to describe the carriage of general freight usually in a container using two or more modes of transportation, such as truck and rail. ‘Intermodal rail linehaul’ refers to the rail leg of the movement of intermodal freight. ‘Steel rail linehaul’ refers to similar services that are provided in respect of steel products.

An intermodal terminal, such as the Acacia Ridge Terminal, comprises infrastructure with a connection to a rail line where containers can be transferred between transportation modes.

Background

The ACCC commenced proceedings on 18 July 2018 alleging that Pacific National’s acquisition of the Acacia Ridge Terminal from Aurizon would have the likely effect of substantially lessening competition in breach of section 50 of the Competition and Consumer Act 2010.

The ACCC was concerned that the acquisition of the Acacia Ridge Terminal would deter a new entrant from providing interstate linehaul services in competition with Pacific National.

The ACCC had commenced a public investigation of Aurizon’s proposed exit plans, including the proposed acquisitions by Pacific National of the Acacia Ridge Terminal and Queensland intermodal business on 27 October 2017. The ACCC issued a statement of issues on 15 March 2018.

The Federal Court dismissed the ACCC’s proceedings on 15 May 2019. The trial judge found that, with Pacific National’s undertaking offered to the Court, the acquisition of the Acacia Ridge Terminal would not be likely to substantially lessen competition.

The ACCC lodged an appeal on 27 June 2019. The appeal, and cross appeals by Pacific National and Aurizon, were heard before the Full Court of the Federal Court from 17 – 20 February 2020.

Release number: 
91/20
ACCC Infocentre: 

Use this form to make a general enquiry.

Media enquiries: 
Media team - 1300 138 917
Audience




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