EDUC. DEPT Should Withdraw Double Jeopardy College Rule

Earlier, I wrote about how the Trump administration should end the Obama-era micromanagement of college discipline by the Dept. of Ed. But I overlooked one form of federal meddling that needs to be fixed…that colleges not allow students or faculty accused of sexual harassment to appeal findings of guilt unless they also allowed complainants to appeal not-guilty findings -a position that some critics viewed as akin to double jeopardy. This demand ignored OCR’s own past agency rulings to the contrary, even though “unexplained departures from precedent” violate the Administrative Procedure Act, and are arbitrary and capricious. By Hans Bader

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