Excellent op-ed in today's WSJ by Foundation for Individual Rights in Education executive director Robert Shibley on the glaring need for due process on campus Title IX courts:
In September, following allegations that Minnesota football players had sexually assaulted another student, Minneapolis law enforcement investigated and declined to charge any player with a crime. Yet the university’s Title IX investigation into the same incident—which lacked full access to some video evidence used by police—resulted in 10 players’ suspensions from the team, angering members and inspiring the walkout.
Such wildly divergent outcomes between campus and police investigations erode confidence in both systems. Yet they have become more common than ever since the Education Department’s Office for Civil Rights (OCR) began to do end-runs around the law five years ago. ...
My organization, the Foundation for Individual Rights in Education, which has sponsored lawsuits challenging the OCR’s decisions, has identified more than 130 lawsuits filed by students who claim they were wrongly punished for sexual misconduct since the Dear Colleague letter was issued. Victims and accusers also routinely complain of bad investigations by college administrators who are poorly equipped to handle felony crimes.
The OCR’s debased definition of harassment, meanwhile, has led to absurdities such as a feminist professor being investigated for criticizing Northwestern University’s Title IX efforts in a newspaper column. Confidence in the system is low for very good reason.
The change of administrations in Washington offers a valuable opportunity to erase these failed policies.
He offers a number of important changes that would improve processes for both alleged victims and alleged perpetrators.