The Office of Civil Rights’ mandated procedures for investigating sexual assault are tilted heavily against the accused party. The institution can hire “neutral fact-finders” who produce the equivalent of a grand jury presentment, deny the accused an advisor of his choice, add witnesses that the accused student does not request, forbid the students from cross-examining […]
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In this week’s Chronicle of Higher Education, Joseph Cohn, director of policy at FIRE, summarizes the due process implications of a letter sent to colleges and universities last April by the Department of Education’s Office for Civil Rights. As was widely reported at the time, the letter instructs schools to adopt the lowest standard of […]
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http://www.openmarket.org/2011/10/24/senate-bill-would-further-undermine-due-process-on-campus/
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As Harvey Silverglate and Kyle Smeallie pointed out in Minding The Campus, the recent letter from the Obama Administration’s Department of Education’s Office for Civil Rights outlines a policy shift that represents perhaps the gravest threat to civil liberties on campus in a generation. The letter’s provisions would be gravely damaging even in its narrowest possible scope, […]
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