If you’re a street mugger, the Democrats want you to be out without bail and to have every possible legal defense, and preferably no jail time. But if you’re a college student, then they’d like to go back to the Obama rules depriving you of due process.
A Biden administration plan to overhaul how schools respond to sexual misconduct complaints… Along with casting off many Trump-era guidelines Biden officials say are too arduous for assault victims,
Conservative parents’ groups, however, say the department will be “eroding due process” for students who are accused of misconduct.
“There is simply no demonstrable reason to eliminate a set of due process rules that uphold the fundamental protections of our legal system that, when implemented, were badly needed to remedy a well-documented pattern of abuses — abuses that will return if these rules are rescinded,” groups, including Parents Defending Education and Moms for Liberty, wrote in a letter to Cardona.
The Biden admin had effectively gutted due process last year.
In a development that will impact postsecondary institutions of higher education throughout the country, yesterday the United States Department of Education’s Office of Civil Rights (“OCR”) issued a guidance letter explaining that the Department will no longer enforce a controversial Trump-era amendment to Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 (“Title IX”), shortly after the provision was vacated by a Massachusetts federal district court and remanded to the Department for further consideration and explanation.
As previously reported, last month United States District Judge William G. Young in Victim Rights Law Center et al. v. Miguel Cardona et al. largely upheld the 2020 amendments to Title IX promulgated by the Trump Administration’s Department of Education, but found fault in Section 106.45(b)(6)(i), which prohibited decision-makers at postsecondary institutions from considering any “statement” whose declarant did not appear live at a Title IX hearing and subject himself or herself to cross-examination. The Court ruled that this provision was “arbitrary and capricious” under the Administrative Procedure Act, vacated the provision nationwide, and remanded it to the Department for further consideration and explanation.
APA “arbitrary and capricious” is judicial-speak for I don’t like it.
There’s nothing arbitrary about expecting proceedings to only include material from an accuser who faces cross-examination. It’s the exact opposite of arbitrary. It’s a cornerstone of due process.
That same year, Biden and his crony, Cardona, launched their review which will have an inevitable outcome and, if Biden’s track record remains on track, will be replaced with even more viciously abusive regulations.