As it left office last year, Barack Obama’s administration made one final move in its crusade against campus due process: it requested a massive increase—$30.7 million, or 28.7 percent—in funding for the Office for Civil Rights (OCR). The previous year, at a time when discretionary federal spending was barely rising, the office had received a […]
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In the suit against Rolling Stone by University of Virginia dean Nicole Eramo over the magazine’s false rape story, the trial rolls along, with the two sides offering a narrow band of arguments: according to Rolling Stone and former reporter Sabrina Rubin Erdely, our nation’s campuses are teeming with sexual assaults, beset by a “rape […]
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In campus sexual assault hearings, due process for accused students is rare, because of pressure from feminists and campus activists, administrators’ diffidence, and the Obama administration’s 2011 “Dear Colleague” letter that minimized protections for the accused. Getting these cases into court for a due process trial is even rarer, but now the first such trial […]
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Writing in the California Law Review, Harvard Law School professors Jeannie Suk and Jacob Gersen note, “Today we have an elaborate and growing federal bureaucratic structure that in effect regulates sex.” This is largely the result of pressure from the Education Department’s Office for Civil Rights, where I used to work. It has told colleges […]
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Some politicians and media outlets seem to believe that college and university campuses are beset by a culture that is indifferent to rape and that the procedures for investigating and adjudicating claims of sexual assault are so one-sided as to constitute gender discrimination against female accusers. In reality, schools for decades have denied meaningful due […]
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The never-resting Office for Civil Rights (OCR) U.S. Department of Education and the equally insomnolent Civil Rights Division of the U.S. Justice Department have just issued their latest “Dear Colleague” letter advising the stewards of the nation’s schools of their newest responsibility. The “Dear Colleague Letter on Transgender Students” consists of five pages of text, […]
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The prospect of the Office for Civil Rights (OCR) being sued has been much in the news lately. Talk began with an announcement from FIRE—on the fifth anniversary of the issuance of the “Dear Colleague” letter—that it was soliciting an accused student to sue OCR. Attorney Andrew Miltenberg then filed two such suits, on behalf […]
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In my research as a labor economist, I discovered that the Lawton program, offering aid exclusively to minority and disadvantaged students at the University of Wisconsin-Madison, is operating illegally—Title VI of the 1964 Civil Rights Act prohibits Federal aid going to members of certain racial and ethnic groups, and not others, as Lawton does. That […]
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Twenty-two Senators have asked the Appropriations Committee to increase the budget of the Education Department’s Office for Civil Rights (OCR) by almost 30%. All of those Senators are Democrats except for Sen. Dean Heller of Nevada. OCR has pressured colleges and high schools to adopt unconstitutional speech codes. It also has pressured school districts to […]
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By KC Johnson The Chronicle of Higher Education has received a good deal of attention for putting together a website cataloguing all the Title IX complaints currently pending with the Obama administration’s Office for Civil Rights (OCR). But the site should mostly be seen as a concrete demonstration of how little we know about these […]
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The Department of Education’s Office of Civil Rights has dismissed the longstanding discrimination complaints of Asian Americans, giving Ivy League and other institutions a green light to continue chromatically contouring the results of their “holistic” admissions processes so that applicants who are black or brown or red consistently are admitted with lower academic scores than […]
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Not one college or university that I know of has resisted the notorious “Dear Colleague” letter’ urging a lowering of the burden of proof in campus sexual assault cases. Reasons for this timidity include the fact that powerful forces within the academy fully support the attack on due process by the Department of Education’s Office […]
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