48 J.L. & Educ. 1 (2019)

handle is hein.journals/jle48 and id is 1 raw text is: 







Bias Response on Campus


                          Joseph W. Yockey*


   Bias Assessment and Response Teams (BARTs) are becoming
ubiquitous at universities in the United States. These programs rely on
administrative personnel to investigate and intervene in alleged bias
incidents on campus. BART proponents maintain that the programs play
an important role in promoting safety, diversity, and inclusivity. Critics,
on the other hand, worry that the investigatory and regulatory nature of
BARTs-together with their often-vague definitions of actionable
bias-will silence debate and chill student and faculty expression.

   This article assesses BARTs in light of these concerns. It finds that
while the goals of BARTs are legitimate, most programs suffer from
policy missteps that justify fears of speech suppression and skepticism
about their utility. In response, the article suggests that universities
should reinvent bias response strategy through greater reliance on
principles-based  and  meta-regulatory   governance. By    doing   so,
universities can create safe and supportive learning environments while
still ensuring that students and faculty remain free to engage in critical,
open inquiry.


                        I. INTRODUCTION

   Imagine four students, each at a different university in the United
States. Student A happens to be jogging across campus during winter.
She rounds a corner near a residence hall and observes a sculpture made


   *Professor of Law and Michael and Brenda Sandler Faculty Fellow in Corporate Law,
University of Iowa College of Law. I am grateful to the participants at the 2017 Foundation for
Individual Rights in Education Faculty Conference for their helpful comments.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?