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1-13-21 Emerald Media - Week of Welcome

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JAN. 13, 2021

Week of Welcome

Emerald Media

TITLE IX CHANGES SPARK CONCERN

Former UO law professor Cheyney Ryan is concerned that new Title IX rules burden complainants and discourage students from reporting assault or harassment.

NEWS: LGBTQ+ STUDENTS AND BIDEN P. 3

A&C: BRINGING LOCAL ART INTO 2021

SPORTS:

P. 4

P. 8

JUSTIN HERBERT’S EARLY DAYS

OPINION: NEW YEAR’S RESOLUTIONS MATTER MORE THAN EVER P. 10 W E D N E S D AY, J A N U A R Y 1 3 , 2 0 2 1

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W I N T E R T E R M T E X T B O O K S O N L I N E O N LY

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NEWS

LGBTQ+ STUDENTS’ HOPES FOR THE BIDEN ADMINISTRATION VOL. 122, ISSUE NO. 27

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ON THE COVER

The U.S. Department of Education implemented changes to federal Title IX regulations in August 2020, causing universities around the country — including the University of Oregon — to adjust their own anti-discrimination rules and standard operating procedures. (Duncan Baumgarten/Emerald)

With the election of Joe discrimination in health care of violence.” Biden as the next president on the basis of race, color, sex, Biden has already of the United States, many age or disability. The Obama appointed many members of LGBTQ+ students at the administration interpreted the LGBTQ+ community to his University of Oregon want protection on the basis administration. One of which to see his administration of sex to include gender is Pete Buttigieg, a gay man grant more protections identity. The Trump Biden nominated to be the to members of administration U.S. Transportation Secretary. the LGBTQ+ reversed these Another being Shawn Skelly, community, protections for a transgender veteran Biden especially the transgender nominated to be part of the reversal of people in Department of Defense team. discriminatory healthcare in She also was appointed to actions against June 2020 by the Obama administration in transgender narrowing 2013. Biden’s administration Americans. the definition is on track to be the most UO of sex LGBTQ-inclusive in United graduate discrimination States history, NBC News student Steph so that it did reported. Fisher said not include Fisher also wants to see they wished transgender more protections for LGBTQ+ they could people. people at a federal level, have higher On the because of the inconsistency expectations Transgender Day that comes with letting the for the Biden of Remembrance in states decide how — or if — administration. 2020, Biden tweeted they will protect LGBTQ+ “What we need in our two statements people. (Emerald Archives) community is a really showing support The U.S. Supreme strong presence against for transgender Court ruled in June violence against trans and gender nonthat the language students,” they said, “and I conforming people. of the Civil haven’t really seen that yet.” In one tweet, Rights Act of In 2017, the Trump Biden stated, 1964 prohibits administration enacted a ban “To transgender discrimination on transgender Americans and genderagainst from serving in the military, nonconforming LGBTQ+ in which transgender people people across people in the could only serve in the U.S. America and workplace and military if they conformed to around the is an example the body standards of their world: from of a step biological sex. Transgender the moment toward more people had only just been I am sworn in protections for allowed to serve and as president, LGBTQ+ people transition in the military as know that my at a federal level. of 2016, after the government administration will After the had lifted a previous longtime see you, listen to you, passing of Supreme ban. and fight for not only Court Justice Ruth Ainsley Maddalena is a your safety but also the Bader Ginsburg in bisexual UO undergraduate dignity and justice you (Emerald Archives) September 2020, the student. She said she have been denied.” In Trump administration wanted to see the Biden the second tweet, Biden replaced her with Amy administration grant acknowledged the loss of 37 Coney Barrett in October transgender people equal transgender women of color 2020. This shifted the and affordable access to in America this year and Supreme Court majority from healthcare. added that, “This Transgender a 5-4 Republican majority to a The Affordable Care Day of Remembrance, 6-3 Republican majority. Act, which the Obama we honor their lives—and administration put recommit to the work that forward in 2010, prohibited remains to end this epidemic

Around OR REGIONAL AND STATE NEWS POWELL’S BOOKS FACES PUSHBACK: Powell’s Books is under fire for carrying Andy Ngo’s “Unmasked: Inside Antifa’s Radical Plan to Destroy Democracy.” Ngo, a Portland native himself, became a vocal conservative commentator after being fired for an ethics violation at the Portland State University student newspaper, The Vanguard. While Powell’s will not promote the book or place it on the shelves, they plan to keep it in their online catalog because “it is the work of bookselling to do so.” – JOANNA MANN MEN’S BASKETBALL ON PAUSE: After a positive COVID-19 test the team will take a break from all team-related activities. Head coach Dana Altman’s team was set for marquee Pac-12 matchups on Thursday and Saturday against Arizona State and Arizona. One upside of the time off is the timetable for point guard Will Richardson’s return. After injuring his thumb before the season opener, Richardson was declared as out for up to six weeks. – SHANE HOFFMANN

(DL Young/Emerald)

VIRTUAL FILM FESTIVAL: The 31st Annual Cascade Festival of African films will take place from Feb. 5 to March 10, hosted virtually by Portland Community College. The festival seeks to represent Africa through the eyes of African filmmakers and will feature eighteen feature-length and four short films, several of which will be followed by a Q&A. The festival is free and open to the public. More information can be found at africanfilmfestival.org. – JENNAH PENDLETON

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A&C This series of portraits by Claire Tabouret is featured as part of the Jordan Schnitzer Museum of Art’s “Shared Visions” exhibition. The paintings are acrylic on panel. After closing in the spring due to the COVID-19 pandemic, the JSMA recently reopened its doors to the public. (Summer Surgent-Gough/Emerald)

Brynn Gerl’s “Terpsichore” was one of the winners of the Mayor’s choice award during this year’s Teen Art Show at the Maude Kerns Art Center. The Maude Kerns Art Center is hosting their annual Teen Art Show exhibit, showcasing visual arts created by local teenagers in the community. (Will Geschke/Emerald)

HOW TO INTEGRATE LOCAL ART INTO YOUR LIFE BY GRACE MURRAY• TWITTER @GRACIEE_MURRAYY

With each new year comes a new list of resolutions, hopes for new experiences and a quest for new hobbies. For many this may be a goal to work out more or go on more adventures, but as 2021 begins with lockdowns and more time spent at home, art and creativity have become an easily accessible form of expression. Whether you’ve gone into the new year hoping for more creative ventures or not, it is certainly a good time to consider giving art a try. Art of all forms has transitioned to an online format to offer a wider range of accessibility for those who wish to create and participate as well as those who wish to consume and watch. Museums, art centers, theaters, performing arts centers and many more art-centered locations across Eugene and beyond are becoming increasingly creative with ways to reach the public remotely and, at times, in person. Museums typically depend on

patrons being able to stroll through their exhibitions, but the shift to online has offered a simpler way to spark creativity and inspiration from home. The Maude Kerns Art Center, the Jordan Schnitzer Museum of Art and the Karin Clarke Gallery are among the many who have converted their exhibitions to be entirely online and have adopted different strategies to allow the general public to view their displays. The Maude Kerns Art Center and the Karin Clarke Gallery have uploaded images of exhibits so that anyone can engage with the art, read about the artists and experience the full exhibition from anywhere at no cost. The JSMA has taken a different approach, offering a series of YouTube videos that include exhibit talks with artists, art lessons, gallery talks, oneminute scans of exhibits and other videos that offer an in-depth artistic experience from home. As far as learning art techniques

go, there are plenty of opportunities for both safe in-person learning and online learning. The Maude Kerns Art Center has an incredibly robust program that continues to offer inperson classes and workshops for all skill levels in Eugene. The classes are typically eight weeks long and include an extensive educational experience. The workshops are less expensive and typically include a shorter but still educational session. The selection of online art classes are endless whether that be through free, instructional YouTube videos or via an established school for a cost. The University of Oregon Craft Center has shifted its workshops to an online format so students and the general public can take advantage of their classes via Zoom. The prices for these workshops are reasonable, ranging from $5 to $30. Currently the roster of workshops includes drawing, painting, woodworking and ceramics. Oregon Art Supply is also offering

online workshops and classes via Zoom that range from $30 to $150, but are typically $100, and cover a range of skills and mediums including beginners classes, watercolor, drawing, patchwork and many others. The UO School of Music and Dance has been keeping performing arts in Eugene alive with its YouTube channel that is full of dance and orchestral music videos featuring student performers. The Shedd Institute is still offering music classes for all ages and a wide variety of instruments. These classes include private lessons for anyone of any skill level as well as group classes for certain age groups and skill levels. While it may seem impossible to get involved with a new hobby in such a complicated time period, art truly is always within reach in some form. As art adapts with the changing times, the ways it can be created and consumed change with it, allowing anyone to find it and learn from it anytime and anywhere.

Brynn Gerl’s “Eyasha” was one of the paintings exhibited at the Maude Kerns Art Center’s annual Teen Art show. The Maude Kerns Art Center is hosting their annual Teen Art Show exhibit, showcasing visual arts created by local teenagers in the community. (Will Geschke/Emerald)

A set of pieces by Leopoldo Méndez is featured in the “Nuestra Imagen Actual | Our Present Image: Mexico and the Graphic Arts 1929-1956” exhibition at the Jordan Schnitzer Museum of Art. After closing in the spring due to the COVID-19 pandemic, the JSMA recently reopened its doors to the public. (Summer SurgentGough/Emerald)

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COVER

Former law professor raises concerns about UO, federal Title IX regulations BY SALLY SEGAR

In August, the U.S. Department of Education implemented changes to federal Title IX regulations, causing universities around the country — including the University of Oregon — to adjust their own Title IX rules and standard operating procedures in response. Both the federal changes and some of UO’s new rules have raised concerns for putting unnecessary burdens on the complainant, or the person who files the complaint. Title IX prohibits discrimination on the basis of sex in any education program receiving federal financial assistance in the U.S., according to the federal Title IX website. Sex discrimination also includes sexual harassment, it said. Cheyney Ryan is a former UO law professor and currently a senior fellow at the University of Oxford. Ryan looked through UO’s student conduct process and was surprised to see it had been substantially revised, he said, and

TWITTER @SALLYSEGAR

he hasn’t found anyone who really knows about the changes. Nicole Commissiong, UO’s Title IX Coordinator, said the Office of Investigations and Civil Rights Compliance provided formal notice of the new procedures to the Associated Students of the University of Oregon — as well as notices to key administrative leaders — in August. “The office also put significant effort into updating the language on its public website to reflect the details of those changes,” she said. Ryan’s first concern was with the investigation phase of UO’s standard operation procedures. Under Section 3a, the process says: “Parties must provide names, contact information, and a summary of expected information for any proposed Witnesses, and any relevant documents, within 10 business days of receiving the Notice of Allegations.” The issue here, Ryan said, is that only 10 days are allowed for parties to provide this information. Collecting this information can’t be done in just over a week, he said, especially in a situation where a complainant just went through a traumatizing experience. “Why is that even necessary?” he said. Ryan said he compared UO’s regulations with those from schools like Stanford University and Oregon State University. He couldn’t find anything similar to the 10-day timeframe in their rules. One UO student who reported sexual harassment in 2018 — before the new rules were in place — said a 10-day deadline would be tough for anyone,

(Courtesy of Cheyney Ryan)

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COVER especially those recovering after experiencing sexual harassment or assault. “It could take a survivor or victim more than 10 days to even understand what happened to them,” he said. Commissiong said this type of deadline is an attempt to get the investigation underway and not cause further delay in a process that can already take months. “The idea is that we want to get started in a timely manner, but where we need to give students extra time to accomplish things throughout the process, we do that,” she said. “I don’t think people should read these to say that, ‘If you don’t do it within 10 days, we’re not going to pay attention to your witnesses,’ because that’s absolutely not true.” Another of Ryan’s concerns has to do with changes made on the federal level. According to the federal Title IX website, “all students now have the right to a live hearing where advisors conduct cross-examination.” This is part of a set of rules intended to restore fairness, it said. “If the goal is to find out whether harassment or assault occurred,” Ryan said, “is it necessary to have each side cross-examine the other to get the right answer to that?” Ryan said he questions if cross-examination brings any benefits to investigating student conduct, and he actually sees more of a benefit in not requiring people to cross-examine each other. Commissiong said cross-examination occured at UO and other universities before the federal rule changes. At UO, the cross-examination used to be indirect and facilitated by the “Decision Maker” at the hearing. Now, it’s more direct, and party advisors ask questions to each other directly. Decision Makers can decide not to allow questions, Commissiong said, and even remove an advisor from the proceeding if they are being aggressive. “We’ve had a couple of hearings so far,” she said, “and the cross-examination has not been an issue.” Both the federal rules and UO’s guidelines say that students can request to be in separate rooms or participate remotely. Even so, Ryan said he thinks cross-examination is unnecessary. UO’s procedure says the cross-examination will occur during the Administrative Conference. The conference “is an administrative proceeding not comparable to a criminal or civil trial,” the guidelines said. UO states that parties are not required to attend the conference. If a party chooses not to attend, their advisor, or chosen representative, can still attend. If neither the party nor their advisor attends, “the University will provide an Advisor to conduct crossexamination on behalf of the Party whose previously designated Advisor does not attend.” Just from looking at the guidelines, a party has no idea who the provided advisor will be, Ryan said, and he is concerned it could be someone with no interest in fighting for them. “The cost of not participating can amount to basically knowing you’ll lose the case,” Ryan said. “Then, someone who doesn’t want to participate isn’t going to make a complaint in the first place.” The same UO student who reported harassment in 2018 said he wouldn’t feel comfortable being represented by someone he didn’t trust. “My voice would be weakened,” he said. For a number of years, UO has had a designated complainant advisor who works in the law school’s Domestic Violence Clinic, Commissiong said, and UO has contracted a respondent advisor who works at a local law firm. The advisors are not listed in the standard operating procedures. Both advisors work with students confidentially, she said, and do not share information with university

officials without the consent of the student. Students have the opportunity to work with advisors throughout the entire student conduct process, she said, not just in the conference as the guidelines suggest. They can also work with a “support person” as well as others for further emotional support. Ryan said he’s concerned that, although complainants have the right not to attend an Administrative Conference, there could be consequences if they make that choice . Another of his biggest concerns involves the consideration of evidence at the conference. UO’s standard operating procedure says: “When considering allegations of Title IX Sexual Harassment, if a Party or Witness does not submit to crossexamination at the Administrative Conference, the Decision-maker must not rely on any statement of that Party or Witness (including statements relayed through third parties or in writing) in reaching a determination regarding responsibility.” Commissiong said this rule is required by current federal regulations. Ryan said he finds this to be a major deterrent to reporting sexual harassment. He interprets it as someone saying, “I want to submit a complaint, but you can’t rely on anything I say about it.” If this is what it means, Ryan said, why would anyone bother making a complaint? Commissiong said she recognizes why many people are frustrated with the federal Title IX regulations. Because of federal rule changes, she said, UO’s own guidelines had to become more prescriptive and rule-heavy. UO must follow certain procedures and guidelines to abide by federal regulations, Commissiong said, and some aspects of the operating procedure are not negotiable. However, UO can adjust other aspects of the procedure to accommodate student needs, she said. For example, if a student has a family emergency, they can request more time throughout the process. Or, if an important witness decides to participate late in the process, UO can make time to interview them. Commissiong said there are aspects of Title IX regulations that improved in August, including allowing students to seek alternative resolution if both parties agree to it. UO’s new guidelines also allow advisors to make requests and communications on behalf of a complainant or respondent, which Commissiong said actually lessens the burden on students. Previously, students had to ask questions at hearings, too, but advisors now do this. Ryan said he’s glad UO students now have the option to appeal a final decision, too. Commissiong said UO goes through the standard operating procedures for Title IX annually to think about lessons learned and consider ways to make it more clear for students. Even since August, Commissiong said, the Title IX office revisited a section of the guidelines around Violation Agreements and simplified the language. Ryan said he doesn’t completely understand some of UO’s guidelines, and he is concerned that a student wanting to report harassment might be deterred by the confusing procedure. “I’m a [Senior Fellow] at Oxford University; I don’t understand what this says,” he said. “So, that’s not a good sign.” Commissiong said the Title IX office listens to student concerns to help decide which parts of the procedure may need revision. Students with concerns about the procedure can reach out to the Domestic Violence Clinic, the Dean of Students office, Deputy Title IX Coordinators or email Commissiong directly, she said.

Recently, the Biden administration asked U.S. public institutions to provide feedback about Title IX regulations, Commissiong said, and she was working on compiling thoughts and recommendations to submit on December 17. On Nove. 18, OSU president F. King Alexander announced that he was engaged in “personal communications” with federal leaders and members of President-elect Joe Biden’s transition team, partially to work on rolling back the Title IX regulation changes that “create problematic barriers for reporting.” Ryan hopes the Biden administration will adjust the federal Title IX regulations to ease the burden on complainants, he said. His biggest concern is that aspects of the federal regulations and UO’s regulations will deter people from reporting. “The number of reported cases is only a proportion of the number of assaults and stuff that happen,” Ryan said. “So, the biggest worry you have is that people will simply not report this at all. That’s why there’s the worry about, well, what is achieved by adding further things to discourage people from participating in it?”

What is

Title IX? Title IX prohibits discrimination on the basis of sex in any education program receiving federal financial assistance in the U.S., according to the federal Title IX website. Sex discrimination also includes sexual harassment, it said.

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SPORTS

THE PHENOMENON IN OREGON’S BACKYARD

Ducks quarterback Justin Herbert (10) sets up in the pistol pre-snap. Oregon Ducks Football takes on the University of Arizona Wildcats at Autzen Stadium on Nov. 16, 2019. (DL Young/Emerald)

BY OSCAR DUYCK Justin Herbert’s rise to prominence in the football world feels like a sports movie script: the hometown kid who became a football star at his local university. However, most Oregon fans don’t know that Herbert’s attendance at Oregon was far from guaranteed. In fact, it wasn’t until the waning weeks of Herbert’s senior season at Sheldon High School that Oregon began to recruit him. One of Herbert’s biggest obstacles was geography. It seems counterintuitive, since he played in Oregon’s backyard and grew up minutes away from Autzen Stadium. But college scouts, even Oregon’s, don’t heavily recruit within the state as there is a perceived lack of talent, especially with the talent-laden state of California just south. Herbert flew under the radar at Sheldon. “Oregon is very underrecurited and underappreciated,” former Sheldon head coach Lane Johnson said. Sheldon is classified by the Oregon School Athletics Association as a 6A school, which are the largest high schools in the state of Oregon. Most of the 6A schools are in the Portland metropolitan area. Sheldon plays in the southwestern conference, competing against teams that are in the Eugene, Grants Pass and Medford areas, hundreds of miles from the greater Portland metropolitan area. The 2015 Oregon Rivals recruit rankings include many familiar names. The top two recruits, Brady Breeze and LaMar Winston, both played together at Oregon and Central Catholic High School, in PA G E 8

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Portland. Out of the top ten recruits in Oregon in 2015, seven were from Portland-area schools. By his senior season in 2015-16, Herbert began to turn heads. After injuring his leg during his junior campaign, Herbert proved himself in his senior season, displaying both the incredible arm strength and mobility that many scouts overlooked. “The thing that jumps out is watching him throw the ball,” Johnson said. “The ball comes out his hand differently than any other QB that we have had at Sheldon.” Herbert’s high school highlight mixtapes showcases his arm strength that wowed fans in college and the NFL. Even then, Herbert could air the ball out, launching it over defenders and hitting receivers in stride. Herbert also showed the bursts of speed that makes him a better than average running quarterback. But the biggest improvements came from Herbert’s mental development and leadership skills. For Johnson, who has known Herbert since he was in elementary school, this was Herbert’s biggest leap. As an underclassman Herbert had a “baby” mentality, Johnson said. In his early career, Herbert struggled handling negative things as they occurred in games. Herbert captained Sheldon to a 10-2 record in his senior season. Sheldon’s offense frequently eclipsed fifty points as they blew out their Southwestern conference rivals. Even though Herbert displayed the skill set

that defined his career at Oregon, he was still not receiving the level of recruiting that other elite high school quarterbacks receive. Unlike his peers, who often participated in quarterback camps in the offseason to impress scouts, Herbert was more focused on winning at Sheldon. Herbert was not a participant in year-round prep football, making him a bit of a throwback type of player and an outlier. The early offers Herbert received were at the FCS level, featuring schools like Portland State, Montana State and Northern Arizona. As Sheldon began annihilating opponents during the 2015 season, some FBS schools began to take notice. Johnson was called by former Oregon State head coach Gary Anderson, inquiring about Herbert, but that discussion didn’t lead to anything. “Most recruiters don’t care what high school coaches think,” Johnson said. The Ducks finally began to take notice of Herbert as the season progressed. He initially got scouted by former Oregon wide receivers coach Mike Lubick. The orginal recruiting centered around him coming in as a walk on. Later on, former Oregon head coach Mark Helfrich and former offensive coordinator Scott Frost began to pace the sidelines at Sheldon games. Toward the end of the season, Herbert received some last-minute suitors. Recruiters from Nevada chartered a private plane during a Thursday night practice to watch Herbert. Later that night, Herbert committed to Oregon.


SPORTS Herbert’s senior football season came to a close after losing in the state semifinals to Jesuit, another Portland-area football powerhouse. Sheldon lost to Jesuit twice that season, the only team they lost to. As Herbert ascended in the college football and NFL world, his high school years served as a reminder of how random the recruiting process is and how close he came to not being Oregon’s four-year starter. Herbert, who just finished his rookie season in the NFL, is

the front runner for offensive rookie of the year. In his first season, he broke the record for the most touchdowns thrown by a rookie quarterback. But just like his college start, Herbert’s big break was a bit of fluke. In all likelihood, he would have spent his rookie season as a backup for Tyrod Taylor. However, in the second week of the NFL season, a team doctor for the Chargers punctured Taylor’s lung, sidelining him. Herbert got his big break and ran with it. For Johnson, who still communicates regularly with Herbert, this is the culmination of years of hard work. “He’s a better person than a player, and he’s one of the best players in the NFL,” Johnson said.

Ducks quarterback Justin Herbert (10) throws from the pocket. Oregon Ducks Football takes on the Colorado Buffaloes at Autzen Stadium in Eugene, Ore., on Oct. 11, 2019. (DL Young/Emerald)

(Courtesy of Lane Johnson)

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OPINION

WHY NEW YEAR’S RESOLUTIONS

MATTER MORE THAN EVER BY ANDREW STEVENS • TWITTER @VNDREWWS

(Ava Sol/Unsplash)

If you asked everyone in America what the worst year of their life was, it’s pretty likely that many of them would say 2020. The pandemic, the death of George Floyd, Breonna Taylor and many others, the continued reign of Trump and the deaths of many beloved public figures — it’s no surprise Time Magazine has declared 2020 the worst year ever. With that being said, the dawn of 2021 does not guarantee any change. For change to happen we have to make it happen ourselves. New Year’s resolutions can be the perfect way to help yourself and the greater community change for the better, even if on a very small scale. With 2020 at a close, the desire for improvement of body and mind is stronger than ever. I’ve personally been inside for what seems like the entire year, but my experience is on the better side of things. Many people are understandably struggling with their mental health after a year of lockdown and tragedy. Sadly, the lockdown and tragedy are not things that can be resolutioned away. Though we cannot control much of what is happening, we can work to improve PA G E 1 0

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our own mental health and perspective. Choosing to watch less news or change where you get your news is just one example of a small change that could improve your experience in 2021. People are suffering on a scale that is difficult to comprehend, which can make New Year’s resolutions appear trivial. But even a small change like tipping essential workers more can make a big difference in the larger community. These ideas are especially important for young people entering the workforce. Since the job market and education have been seriously disrupted, it can be easy to be pessimistic about our futures. The country is in turmoil and the older generations don’t appear to have made much progress in rectifying social and political unrest. This is all the more reason to do everything in our power to improve not only ourselves, but the world we live in — and that can start with something as small as a New Year’s resolution. In all likelihood, 2021 poses a threat due to people’s attitude toward the new year. Many people are

excited just to have survived 2020, and will likely be less careful and even celebrate the end of the year. It is perfectly okay to celebrate surviving what was a terrible 365 days, but it is also important to think about how we want the next 365 to go. The intense political polarization that has made up America’s history has become violent and people are still unnecessarily dying every day from COVID-19. It may seem like these are impossible odds to conquer, but if people take this opportunity to choose to listen more in 2021, volunteer to help provide COVID-19 resources or even just to go outside more and pass on kindness, we can start to make a change. People have continued to mysticize 2020 as though it was some unavoidable curse, and in this sense they also mysticize 2021 as the escape. This kind of mentality can be very problematic because it takes responsibility away from the individual. We should be working to make every day better rather than just expecting it to happen.


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