DoED, TitleIX, OCR

Articles specific to Department of Education’s Office for Civil Rights and Title IX

Education Dept. Defends Its Approach to Title IX in Face of Senate Pressure

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Education Dept. Defends Its Approach to Title IX in Face of Senate Pressure

Sen. James Lankford, an Oklahoma Republican, has accused the Education Department of overreach in pressuring colleges to fight sexual discrimination to comply with Title IX.  [Lankford]said the department’s 2010 and 2011 guidance letter on sexual violence have been decried by “legal scholars and academics across the political spectrum” as pressuring colleges to take steps that threaten students’ free-speech and due-process rights. Catherine E. Lhamon, the department’s assistant secretary for civil rights, defended her agency’s action and it appears to set the stage for a clash between the Education Department and the Senate over the department’s powers.

chronicle.com By Peter Schmidt

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What Happens When a Campus Rape Expert Gets Accused of Sexual Assault?

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What Happens When a Campus Rape Expert Gets Accused of Sexual Assault?

Jason Casares, the associate dean of students and deputy Title IX coordinator at Indiana University who  writes curriculum for campus rape investigators, was accused of sexual assault by Jill Creighton.  “I made the mistake of letting my guard down while socializing with Jason about Association business,” Creighton wrote. “Jason took advantage of me after I had had too much to drink…” Casares “categorically denies the false accusations of sexual misconduct leveled against him by a colleague.”

motherjones.com  By Madison Pauly

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Office for Civil Rights, foe of due process, would get $31 million more in Obama’s budget

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Office for Civil Rights, foe of due process, would get $31 million more in Obama’s budget

The Obama administration’s final budget makes clear that neither due process for students accused of wrongdoing, nor fidelity to the rulemaking process, is a priority…Keep in mind this budget was released after congressional leaders started demandinganswers from Ed about what authority it has to issue substantive regulations without letting colleges first weigh in on them.

thecollegefix.com By Greg Piper

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Due process for me but not for thee

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Due process for me but not for thee

There’s another sexual assault accusation, this time against someone who trains college administrators on how to handle sexual assault accusations. Jason Casares, the deputy Title IX director at Indiana University and current president-elect of the Association for Student Conduct Administration, was accused of sexual assault by fellow ASCA board member Jill Creighton. Creighton was elected president of the group for the 2016-2017 term… an independent investigation performed for the ASCA cleared him of wrongdoing. I wonder if this experience will give Casares an expanded view of what sexual assault accusations are like. Perhaps he will have renewed appreciation for the possibility of wrongful accusations.

washingtonexaminer.com By Ashe Schow

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‘Even third graders’ understand due process, says state lawmaker threatening Georgia Tech

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‘Even third graders’ understand due process, says state lawmaker threatening Georgia Tech

Georgia State Rep. Earl Ehrhart is leading the charge to keep the state’s colleges and universities from depriving students of their due-process rights…These include an actively participating counsel, rights to cross-examination, transparent evidence and no double jeopardy, (Many schools allow accusers to appeal verdicts in favor of the accused.)

thecollegefix.com  By Matt Lamb

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Education Dept. fails to respond on time to senator’s overreach inquiry

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Education Dept. fails to respond on time to senator’s overreach inquiry

Lankford’s attempts to determine the legitimacy of the Department’s overreach on Title IX is the biggest step any legislator has taken toward fixing the broken campus system. Currently, students accused of sexual assault  have little to no way to defend themselves, and schools — under pressure from the federal government — are incentivized to find them responsible even without evidence.

washingtonexaminer.com By Ashe Schow

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Campus Comstocks and the Constitution

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Campus Comstocks and the Constitution

Affirmative consent laws go far beyond the legal definitions of rape. Today, affirmative-consent laws in California and New York empower unaccountable sexual-misconduct panels on campuses, which can destroy students’ educations, with few procedural protections. Men wishing to avoid such charges face impossible demands: in mid-encounter, they must document step-by-step consent. If they don’t, they risk a swearing contest, with one party’s word against another’s and the accused subject to expulsion…Universities are not required to let accused students find legal representation—leaving an accused student with little ability to challenge a biased proceeding.

city-journal.org By Jay Weiser

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Punishment Instead Of Education, The Campus Sexual Assault Version

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Punishment Instead Of Education, The Campus Sexual Assault Version

The sexual assault cases we see are not ones where broader societal norms of how sex should work are violated; they’re cases where a school’s new rules are broken. Schools are establishing new ground rules of sexual engagement. Instead of launching a campaign of educating people about what the norms are, schools are punishing men by playing by the rules they’ve learned from cultural messages on consent and sex since birth.

abovethelaw.com By Matt Kaiser

 

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