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.


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