The Obama administration denied due process on campus. 2 of 2: @RichardAEpstein @HooverInst

Jan 13, 02:33 AM

Photo: English: early picture of the University of Montana's University (Main) Hall

Date circa 1900

Source University of Montana Historical archives

Author Unknown

Licensing[edit]

Public domain

This media file is in the public domain in the United States.

The Obama administration denied due process on campus. 2 of 2: @RichardAEpstein @HooverInst

Last week, the Office for Civil Rights in the Department of Education (DOE) withdrew the Obama administration’s Dear Colleague Letter of 2011. The letter had outlined a set of procedures that all educational institutions receiving federal funds—under Title IX of the 1972 Civil Rights Act—must use to “investigate, adjudicate, and resolve allegations of student-on-student sexual misconduct.” The Obama rules had required that sexual misconduct cases be tried under a “preponderance of the evidence” standard instead of the higher standard of “clear and convincing evidence,” which are traditionally used in such cases. The DOE’s recent reversal of policy under Betsy DeVos rests on the correct conviction that the regulations set forth in the letter violate the procedural due process of the accused students…

http://www.hoover.org/research/farewell-title-ixs-kangaroo-courts