MOUNTAIN OF EVIDENCE Shows Obama’s DoED Approach to Campus Sex Assault was ‘Widely Criticized’ & ‘Failing’

Since 2011 approximately 117 federal courts, as well as a number of state courts, have raised concerns about the lack of meaningful procedural protections in campus adjudications. A number of those judges have put their concerns in particularly clear terms… In Oct. 2018 Six Democratic senators wrote U.S. Secretary of Education Betsy DeVos to ask her to delay proposed DoED’s regulations governing Title IX. The letter asked Secretary DeVos a series of questions, and requested that the Secretary “provide the analysis behind the Department’s determination that the former Title IX guidance was ‘widely criticized’ and a ‘failed system.’” Because FIRE provided input to the Department and because we value transparency, we sent the Senators a letter to emphasize that the input we provided the current administration was consistent with the input we provided the Department during the Obama administration…It is important to demonstrate the magnitude of that evidence for the public record. So here, in longer form, we are posting the evidentiary support for our statement to the Senate Democrats that our “concerns about the erosion of procedural protections have been subsequently echoed by a diverse range of widely respected organizations, individuals, legal scholars- and an increasing number of state and federal courts.” Specifically, here is just a small sample of materials that highlight the shortcomings of the prior approach, showing it was “widely criticized.”

thefire By Tyler Coward

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