Tag: punishing

  • Will Trump Follow the Law in Punishing Harvard?

    Will Trump Follow the Law in Punishing Harvard?

    In the days since Harvard University rejected the Trump administration’s demands, with billions in funding at risk, the U.S. president has weaponized multiple federal agencies to exert additional pressure on the university.

    On April 11, the Trump administration sent the university a letter demanding changes to Harvard’s governance, admissions, hiring processes and more, signed by officials at the General Services Administration and the Departments of Health and Human Services and Education. Government officials argued in the letter that such changes were necessary because of alleged antisemitism and harassment on campus stemming from pro-Palestinian protests last spring.

    After Harvard rejected those demands last week, the government retaliated within hours by freezing $2.2 billion in grants and another $60 million in contracts. The Trump administration is now reportedly planning to pull another $1 billion in funding. (On Monday, Harvard sued to put a stop to the funding freeze, which President Alan Garber argued was “unlawful and beyond the government’s authority.”)

    Other federal agencies have also piled on.

    On Thursday, Department of Homeland Security Secretary Kristi Noem announced DHS had canceled $2.7 million in grants to Harvard, declaring the university “unfit to be entrusted with taxpayer dollars.” Noem also threatened to terminate Harvard’s Student and Exchange Visitor Program certification, which would render it unable to host international students, unless the university provided by April 30 “detailed records on Harvard’s foreign student visa holders’ illegal and violent activities,” according to a Thursday news release from the department.

    DHS did not respond to a request for comment from Inside Higher Ed.

    Reports also emerged last week that the Internal Revenue Service was preparing to cancel Harvard’s tax-exempt status, a move President Donald Trump has endorsed on social media.

    “Perhaps Harvard should lose its Tax Exempt Status and be Taxed as a Political Entity if it keeps pushing political, ideological, and terrorist inspired/supporting ‘Sickness?’ Remember, Tax Exempt Status is totally contingent on acting in the PUBLIC INTEREST!” Trump wrote on Truth Social last week.

    With Harvard standing firm, the president appears willing to wield the full power of the federal government to bring the university to heel. But what would that actually look like in practice?

    Stripping Tax-Exempt Status

    If the Trump administration follows required legal processes, removing Harvard’s tax-exempt status would be a lengthy endeavor that experts say would likely take at least several months.

    The process would begin with an audit, which itself could take a few months, explained Samuel Brunson, a professor at the Loyola University Chicago School of Law specializing in tax law.

    “The IRS would have to do an audit of Harvard and determine that there were one or more reasons why Harvard did not meet the requirements for tax-exempt status,” Brunson said.

    Once the IRS notified Harvard of its intent to revoke its exemption, the university would be able to appeal the decision directly to agency officials. If the IRS insisted on stripping Harvard of its tax-exempt status, the university could go to the courts seeking a reprieve. And if the courts sided with the federal government, Harvard could continue to fight by appealing the decision.

    While stripping universities of tax-exempt status is rare, it has happened before.

    In 1970, the IRS informed Bob Jones University, a private religious institution in South Carolina, that the agency planned to strip its tax-exempt status over racially discriminatory policies. At the time, the university, founded by its namesake evangelist, did not accept Black applicants—a policy it maintained until 1975, when it opened its doors only to married Black applicants, to avoid the possibility of challenging the institution’s strict opposition to interracial relationships. (Policies barring interracial relationships remained in place until 2000.)

    The university filed suit in 1971, prompting a legal fight that lasted until 1983, when the U.S. Supreme Court ruled 8 to 1 in favor of stripping BJU’s tax-exempt status. Justices found that the government’s interest in eradicating racism superseded the tax burden placed on Bob Jones. The university eventually regained its tax-exempt status in 2017, during Trump’s first term.

    Brunson expects the government to make a similar argument about Harvard.

    “My assumption is that the Trump administration is going to argue that Harvard violated a fundamental public policy, either by not reining in pro-Palestinian, anti-Israel protesters enough, or something related to [diversity, equity and inclusion],” Brunson explained.

    Still, he said “the chances of Harvard actually losing its exemption are at best minuscule.” Brunson believes that Harvard has a strong case, while the Trump administration’s argument is weak, “unless they have something up their sleeve that literally everyone is not aware of.”

    The IRS did not respond to requests for comment from Inside Higher Ed.

    Targeting SEVP Certification

    The government is also seeking to inflict pain on Harvard by cutting off its international student population, which would be a significant financial blow to the university. Harvard enrolled 6,793 international students in the 2024–25 academic year, according to the university website, which comprised more than 27 percent of its head count.

    If the Trump administration follows legal avenues to strip Harvard’s SEVP certification—which would prevent it from hosting international students— the process would take some time. First the federal government would be required to provide notice of its intent to eliminate that certification, and Harvard would have 30 days to respond and take any necessary remedial action. If Harvard’s SEVP certification was stripped following its response, the university could challenge the decision in court, likely triggering a protracted legal battle before the issue was finally settled.

    William A. Stock, managing partner at Klasko Immigration Law Partners, wrote by email that while colleges are subject to an SEVP recertification process every two years, U.S. Immigration and Customs Enforcement has the authority to conduct off-cycle reviews at any time. Such enforcement action is typically taken only when the federal government “comes into possession of information that may indicate possible noncompliance, or when major changes in a school’s operations require the school to update their registration with SEVP,” Stock explained.

    In other words, the Trump administration would need a reason to strip Harvard’s SEVP certification.

    “Essentially, if the government determines that there is an abuse of the SEVP and F-1 and J-1 [visa] designation by Harvard, they can move to take away their ability to issue those visas, which would ostensibly hamper their ability to run an international student program,” said Jonathan Grode, managing partner for Green and Spiegel, a firm that practices immigration law.

    Experts noted that losing SEVP certification would cause a substantial loss of international students and hit research projects hard—even as such endeavors are already in flux from the Trump administration’s freezes on federal funding—given the high share of Ph.D. students who come from other countries. And even if Harvard doesn’t lose its SEVP certification, the mere threat of it could harm international recruitment.

    In any case, the federal government has rarely revoked SEVP certification.

    “The few cases of withdrawal of SEVP certification have involved schools who took serious shortcuts in compliance due to financial troubles, and a handful of cases where school administrators were charged criminally for abusing the student visa system,” Stock wrote.

    For example, Herguan University, a private institution in California, lost its SEVP certification in 2016 after officials there were accused of a scheme to commit visa fraud. That case culminated in a prison sentence for the university’s chief executive officer. Herguan later lost accreditation and closed.

    By threatening to limit Harvard’s ability to host international students, Grode believes the government is merely making a power play to get the university to yield to its demands.

    “In a normal universe, there’s no way Harvard’s status as a provider of student visas would ever be challenged,” he said. “But as the federal government is trying to push and cajole Harvard to acquiesce on a number of different points, you’re seeing them leverage these ancillary types of activities.”

    Source link

  • Punishing Parents for Chronic Absenteeism – The 74

    Punishing Parents for Chronic Absenteeism – The 74


    Get stories like this delivered straight to your inbox. Sign up for The 74 Newsletter

    School (in)Security is our biweekly briefing on the latest school safety news, vetted by Mark KeierleberSubscribe here.

    As educators nationwide grapple with stubbornly high levels of student absences since the pandemic drove schools into disarray five years ago, Oklahoma prosecutor Erik Johnson says he has the solution. 

    Throw parents in jail.

    This week, I offer a look at chronic absenteeism’s persistence long after COVID shuttered classrooms, plunged families into poverty and led to the deaths of more than 1 million Americans. Lawmakers nationwide have proposed dozens of bills this year designed to curtail student absences — with radically different approaches.

    While a proposal in Hawaii would reward kids’ good attendance with ice cream, new laws in Indiana, West Virginia and Iowa impose fines and jail time for parents who can’t compel their children to attend class regularly. In Oklahoma, where Johnson has ushered in a new era of truancy crackdowns, state lawmakers say parents — not principals and teachers — should be held accountable for students’ repeat absences.

    “We prosecute everything from murders to rape to financial crimes, but in my view, the ones that cause the most societal harm is when people do harm to children, either child neglect, child physical abuse, child sexual abuse, domestic violence in homes, and then you can add truancy to the list,” Johnson told me this week. 

    “It’s not as bad, in my opinion, as beating a child, but it’s on the spectrum because you’re not putting that child in a position to be successful,” continued Johnson, who has dubbed 2025 the “Year of the Child.”


    In the news

    Books are not a crime — yet: Under proposed Texas legislation, teachers could soon face jail sentences for teaching classic literary works with sexual content, including The Catcher in the Rye and (unironically?) Brave New World. | Mother Jones

    Mass layoffs at the U.S. Department of Health and Human Services this week could have devastating consequences for the health and well-being of low-income children. | The Associated Press

    Ten days or else: The Education Department demanded Thursday that states certify in writing within the next 10 days that K-12 schools are complying with its interpretation of civil rights laws, namely eliminating any diversity, equity and inclusion programs, or else risk losing their federal funding. | The New York Times

    A Texas teen was kneed in the face by a school cop: Now, with steep cuts to the Education Department’s Office for Civil Rights, her case is one of thousands that have been left to languish. | The 74

    Students’ right to privacy versus parents’ right to know: The Trump administration has opened an investigation into a California law designed to protect transgender students from being outed to their parents, alleging violations of the federal student privacy law. | The New York Times

    • A similar investigation has been opened against officials in Maine, where the feds claim district policies to protect students’ privacy come at the expense of parents’ right to information. | Maine Morning Star
    • “Parents are the most natural protectors of their children,” Education Secretary Linda McMahon said in a statement after a similar federal investigation was launched against Virginia educators. “Yet many states and school districts have enacted policies that imply students need protection from their parents.” | Virginia Mercury
    • A little context: In a recent survey, more than 92% of parents said they were supportive of their child’s transgender identity. | Human Rights Campaign
    Sign-up for the School (in)Security newsletter.

    Get the most critical news and information about students’ rights, safety and well-being delivered straight to your inbox.

    The Student Press Law Center joined a coalition of free speech and journalism organizations in denouncing the recent ICE detention of Tufts University international student Rumeysa Ozturk over opinions she expressed in an op-ed in the student newspaper. 

    • “Such a basis for her detention would represent a blatant disregard for the principles of free speech and free press within the First Amendment,” the groups wrote in their letter. | Student Press Law Center
    • The Turkish doctoral candidate is one of several students who’ve been rounded up by immigration officials in recent weeks based on pro-Palestinian comments. | The New York Times

    Florida lawmakers have a plan to fill the jobs of undocumented workers who are deported: Put kids on the overnight shift. | The Guardian

    Minority report: Following bipartisan opposition, Georgia lawmakers have given up on efforts to create a statewide student-tracking database designed to identify youth who could commit future acts of violence. | WABE

    A majority of school district programs focused on protecting student data are led by administrators with little training in privacy issues, a new report finds. | StateScoop

    Washington students’ sensitive data was exposed. The culprit? A student surveillance tool. | The Seattle Times


    ICYMI @The74


    Emotional Support

    Annie, who lives with The 74 social media guru Christian Skotte, is the cutest regular at Brooklyn’s Prospect Park. You won’t convince me otherwise. 


    Get stories like these delivered straight to your inbox. Sign up for The 74 Newsletter

    Source link

  • Cosmetologists can’t shoot a gun? FIRE ‘blasts’ tech college for punishing student over target practice video

    Cosmetologists can’t shoot a gun? FIRE ‘blasts’ tech college for punishing student over target practice video

    Language can be complicated. According to Merriam-Webster, the verb “blast” has as many as 15 different meanings — “to play loudly,” “to hit a golf ball out of a sand trap with explosive force,” “to injure by or as if by the action of wind.”

    Recently, the word has added another definition to the list. Namely, “to attack vigorously” with criticism, as in, “to blast someone online” or “to put someone on blast.” This usage has becomecommon expression.

    That’s what Leigha Lemoine, a student at Horry-Georgetown Technical College, meant when she posted in a private Snapchat group that a non-student who had insulted her needed to get “blasted.” 

    But HGTC’s administration didn’t see it that way. When some students claimed they felt uncomfortable with Lemoine’s post, the college summoned her to a meeting. Lemoine explained that the post was not a threat of physical harm, but rather a simple expression of her belief that the person who had insulted her should be criticized for doing so. The school’s administrators agreed and concluded there was nothing threatening in her words.

    But two days later, things took a turn. Administrators discovered a video on social media of Lemoine firing a handgun at a target. The video was recorded off campus a year prior to the discovery, and had no connection to the “blasted” comment, but because she had not disclosed the video’s existence (why would she be required to?), the college decided to suspend her until the 2025 fall semester. Adding insult to injury, HGTC indicated she Lemoine would be on disciplinary probation when she returned. 

    Screenshots of Leigha Lemoine’s video on social media.

    HGTC administrators claim Lemoine’s post caused “a significant amount of apprehension related to the presence and use of guns.” 

    “In today’s climate, your failure to disclose the existence of the video, in conjunction with group [sic] text message on Snapchat where you used the term ‘blasted,’ causes concern about your ability to remain in the current Cosmetology cohort,” the college added.

    Never mind the context of the gun video, which had nothing to do with campus or the person she said needed to get “blasted.” HGTC was determined to jeopardize Lemoine’s future over one Snapchat message and an unrelated video. 

    Colleges and universities would do well to take Lemoine’s case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIRE will continue to blast the ones that don’t.

    FIRE wrote to HGTC on Lemoine’s behalf on Oct. 7, 2024, urging the college to reverse its disciplinary action against Lemoine. We pointed out the absurdity of taking Lemoine’s “blasted” comment as an unprotected “true threat” and urged the college to rescind her suspension. Lemoine showed no serious intent to commit unlawful violence with her comment urging others to criticize an individual, and tying the gun video to the comment was both nonsensical and deeply unjust. 

    But HGTC attempted to blow FIRE off and plowed forward with its discipline. So we brought in the big guns — FIRE Legal Network member David Ashley at Le Clercq Law Firm took on the case, filing an emergency motion for a temporary restraining order. On Dec. 17, a South Carolina federal district court ordered HGTC to allow her to return to classes immediately while the case works its way through the courts

    Jokes and hyperbole are protected speech

    Colleges and universities must take genuine threats of violence on campus seriously. That sometimes requires investigations and quick institutional action to ensure campus safety. But HGTC’s treatment of Lemoine is the latest in a long line of colleges misusing the “true threats” standard to punish clearly protected speech — remarks or commentary that are meant as jokes, hyperbole, or otherwise unreasonable to treat as though they are sincere. 

    Take over-excited rhetoric about sports. In 2022, Meredith Miller, a student at the University of Utah, posted on social media that she would detonate the nuclear reactor on campus (a low-power educational model with a microwave-sized core that one professor said “can’t possibly melt down or pose any risk”) if the football team lost its game. Campus police arrested her, and the Salt Lake County District Attorney’s Office charged her with making a terroristic threat

    The office eventually dropped the charge, but the university tried doubling down by suspending her for two years. It was only after intervention from FIRE and an outside attorney that the university relented. But that it took such significant outside pressure — especially over a harmless joke that was entirely in line with the kind of hyperbolic rhetoric one expects in sports commentary — reveals how dramatically the university overreacted.

    Political rhetoric is often targeted as well. In 2020, Babson College professor Asheen Phansey found himself in hot water after posting a satirical remark on Facebook. After President Trump tweeted a threat that he might bomb 52 Iranian cultural sites, Phansey jokingly suggested that Iran’s leadership should publicly identify a list of American cultural heritage sites it wanted to bomb, including the “Mall of America” and the “Kardashian residence.” Despite FIRE’s intervention, Babson College’s leadership suspended Phansey and then fired him less than a day later. 

    Or consider an incident in which Louisiana State University fired a graduate instructor who left a heated, profanity-laced voicemail for a state senator in which he criticized the senator’s voting record on trans rights. The senator reported the voicemail to the police, who investigated and ultimately identified the instructor. The police closed the case after concluding that the instructor had not broken the law. You’re supposed to be allowed to be rude to elected officials. LSU nevertheless fired him.

    More examples of universities misusing the true threats standard run the political gamut: A Fordham student was suspended for a post commemorating the anniversary of the Tianneman Square massacre; a professor posted on social media in support of a police officer who attacked a journalist and was placed on leave; an adjunct instructor wished for President Trump’s assassination and had his hiring revoked; another professor posted on Facebook supporting Antifa, was placed on leave, and then sued his college. Too often, the university discipline is made more egregious by the fact that administrators continue to use the idea of “threatening” speech to punish clearly protected expression even after local police departments conclude that the statements in question were not actually threatening.

    What is a true threat?

    Under the First Amendment, a true threat is defined as a statement where “the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.” 

    That eliminates the vast majority of threatening speech you hear each day, and for good reason. One of the foundational cases for the true threat standard is Watts v. U.S., in which the Supreme Court ruled that a man’s remark about his potential draft into the military — “If they ever make me carry a rifle, the first man I want to get in my sights is LBJ” — constituted political hyperbole, not a true threat. The Court held that such statements are protected by the First Amendment. And rightfully so: Political speech is where the protection of the First Amendment is “at its zenith.” An overbroad definition of threatening statements would lead to the punishment of political advocacy. Look no further than controversies in the last year and a half over calls for genocide to see how wide swathes of speech would become punishable if the standard for true threats was lower. 

    Colleges and universities would do well to take Lemoine’s case as a reminder to safeguard the expressive freedoms associated with humor and hyperbolic statements. Because make no mistake, FIRE will continue to blast the ones that don’t.

    Source link