Tuesday, July 9, 2019

In fact, it’s hard to think of a modern legal policy more thoroughly repudiated than the Obama administration’s 2011 “Dear colleague” letter



Earlier this month, Amy Coney Barrett and the Seventh Circuit Court of Appeals joined dozens of other courts in ruling that university processes should face exacting legal scrutiny.

In fact, it’s hard to think of a modern legal policy more thoroughly repudiated than the Obama administration’s 2011 “Dear colleague” letter , which required every single public and private college that received federal funds (except for the few religious colleges that had opted out of Title IX) to adjudicate sexual-misconduct complaints under streamlined procedures that mandated lower burdens of proof, implemented a form of double jeopardy, and discouraged basic elements of due process, such as cross-examination.

Acting under intense internal and external pressure — and empowered by a #BelieveWomen ideology that dogmatically asserted that it is extremely rare for women to file false sexual-assault claims — universities encouraged women to report and prosecute cases under a system that was built from the ground up in defiance of generations of jurisprudence defining appropriate due process and in defiance of clear legal standards that prevent both anti-male and anti-female discrimination....