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LEGAL Secretary DeVos Begins to Rectify the Title IX Mistake
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  1. #1

    Secretary DeVos Begins to Rectify the Title IX Mistake

    This is HUGE. And Snowflakes are gonna melt. Now lets hope the DOE rescinds the Obama guidance letter and this is more than just a speech.

    Secretary DeVos Begins to Rectify the Title IX Mistake

    George Leef

    Speaking at George Mason University, Secretary DeVos went straight after the most contentious element of the Obama Administration’s higher education policy, namely its interpretation of Title IX of the Higher Education Amendments of 1972. The language of the statute was twisted by bureaucratic fiat (a “Dear Colleague” letter) from prohibiting discrimination based on sex into a crusade against any conduct by a school, a student, or a faculty member that might be deemed sexual harassment.

    Under the Obama administration’s “guidance” (which was of very doubtful legality since requirements of the Administrative Procedure Act (APA) were ignored), colleges and universities were expected to adopt highly one-sided procedures for handling all allegations of sexual misconduct—procedures that were designed to produce the largest number of accusations and punishments possible.

    In Secretary DeVos’ words, the Education Department “weaponized” Title IX and compliant college bureaucracies against anyone who was accused of anything from rape to merely speaking impolitely to women, as Professor J. Martin Rochester discussed in last week’s Martin Center Clarion Call. To comply with the Department’s orders, schools large and small hired many Title IX administrators who knew that they might be replaced if they didn’t get results, which is to say, finding male students guilty and seeing them punished.

    In its politically motivated zeal to deal with the alleged “campus rape culture,” the Department went far beyond law and reason and Secretary DeVos is determined to restore fairness and the rule of law.


    Secretary DeVos was mindful of the purpose behind the OCR’s rules—to punish sexual predators on campus—but made the crucial point that the desire to punish the guilty does not justify using unfair and slipshod procedures that are apt to lead to punishing the innocent. “One person denied due process is too many,” she said. “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined. Due process protects everyone or it protects no one. The notion that a school must diminish due process rights to better serve the ‘victim’ only creates more victims.”


    Not since Bill Bennett explained that increased federal subsidies led to tuition increases has a secretary of education said something as sensible as Betsy DeVos did last week.

  2. #2
    Join Date
    Oct 2014
    right here
    when will she end common whore, islam indoctrination and begin to dismantle this communist department?
    "His golden colored hair and beard gave to his appearance a celestial aspect, His eyes grey clear. He came from racial lines which had blue eyes and golden hair. This granted unlimited freedom provoked the Jews, Jesus of Nazareth spoke rather as a friend of the Romans than of the Jews."

  3. #3
    I was listening to a young mother complaining about common whore math and she couldn't help enplane it to her 1st and 6th graders.

    Said that they could solve the problems and show in traditional math style how to solve the problems, but the stupid draw boxes and stuff just didn't click.

    I had to open my mouth and say that the goal was to dumb down all kids to the lowest common denominator to make sure of equal outcomes for the best and brightest and the least and worst.

    She said something to the effect of pigs would fly before she let such happen to her kids.

    Abolishing the abc's (starting with batfeces) but inducing DOEd is the best start to draining the swamp habitat of the evil satanic creatures.


    My family & clan are my country.

  4. #4
    Join Date
    Aug 2007
    America, The Beautiful

    14 Links at the source

    Betsy DeVos Stands for the Rights of Victims

    By Patrice Onwuka
    September 13, 2017

    Secretary of Education Betsy DeVos deserves high marks for reviewing – and hopefully overturning – Obama-era policies governing campus sexual assaults. This is an important step to strengthen the pursuit of justice for victims and to restore constitutional rights of due process to the accused.

    It’s commendable that the Department of Education wants to combat sexual misconduct on campuses. Victims of assault deserve every right to see their cases treated seriously and fairly.

    However, false allegations damage real victims of assault by breeding skepticism of all allegations. High-profile campus rape cases that fell apart under scrutiny, such as at the University of Virginia chronicled by Rolling Stone or the lacrosse team at Duke University, also remind us that rights of the accused cannot be neglected.

    In 2011, the Obama administration issued guidance to colleges and universities on how to deal with campus sexual assaults. But it created harmful unintended consequences. The Department of Education expanded enforcement of the federal Title IX anti-sexual discrimination law beyond the basic guarantee of equal rights in school settings to include investigating and making decisions about allegations of sexual harassment and assault.

    Although schools are not best suited to investigate and punish felonious acts such as sexual assault, academia was roped into the world of criminal justice The accused now face a system stacked against them.

    The most contentious recommendation lowered the standard of proof from “clear and convincing” to a “preponderance of evidence,” which some, but not all, campuses previously applied. This makes it easier for college officials to find a student guilty – even if it is only 50 percent likely that he or she committed the act.

    The presumption that a defendant is innocent until proven guilty is one of the most fundamental principles of our American justice system, but not our higher education system. The Foundation for Individual Rights in Education (FIRE) found in a recent report that 74 percent of America’s top 53 universities do not guarantee students that they will be presumed innocent until proven guilty. Furthermore, only 47 percent of these institutions require that their fact finders (i.e., judge and/or jury) be impartial.

    The Obama education department also expanded the definition of sexual harassment on college campuses to include verbal behavior found to be “unwelcome” – a vague definition that pulls in many actions which would not fit the legal definition of assault. A University of Michigan poll, for example, found that 22.5 percent – nearly one out of four – of undergraduate women were sexually assaulted. However, that definition included “nonconsensual sexual behavior” such as kissing.

    No one should be forced to do anything against his or her will, but it’s disingenuous to equate criminal and noncriminal behaviors in a ploy to inflate the numbers of victims of sexual assault. This distorts the reality of the problem of campus sexual assault and provides legitimacy to policies that are ill-conceived and harmful to both complainants and the accused.

    The American College of Trial Lawyers noted in a report about campus sexual assault investigations: “Under the current system everyone loses: accused students are deprived of their fundamental fairness, complainants’ experiences are unintentionally eroded and undermined, and colleges and universities are trapped between the two, while facing a potential loss of federal funding.”

    The new policies created a conflict of interest for administrators. If universities don't comply with the new rules when investigating assault cases, they risk losing federal funding. Instead of pursuing truth, they pursue process and the rights of students become collateral damage.

    Finally, allowing a complainant to appeal the outcome of a school investigation – even though the accused student has been cleared of wrongdoing – has become unproductive and unfair. Our judicial system protects the accused from being forced to defend themselves repeatedly. Because of these rules, students would find themselves facing double jeopardy if a complainant is not satisfied with the outcome of a case.

    In fighting for young men and women who suffer sexual harassment and assault, Washington should not create a new class of victims: the accused. People who are falsely accused are left to deal with the aftermath – clearing their name, reclaiming their reputation and facing challenging future prospects.

    DeVos is right to review these rules to ensure that every student enjoys the protections he or she should be afforded in the pursuit of education.

    Patrice Onwuka is a senior policy analyst at Independent Women's Forum and regular guest on Fox News Channel and Fox Business Network.
    Sapere aude

  5. #5
    Join Date
    Nov 2002
    Title IX is really being twisted by universities. If a male college student thinks that they are female or whatever and wants to be called Cindy, the professor has to call them Cindy even though on the official registration roll sheet his name is James.
    The Social Security number is a bigger threat to Liberty than Communism or ISIS.
    Isn't it strange that we don't require our policemen to attend law school?


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