Joe Biden Abandons Due Process

The Biden administration is taking a dive to let crucial Trump-administration Title IX reforms lapse.

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Students walk between classes on the Locust Walk on the campus of the University of Pennsylvania in Philadelphia, Pa., in 2017.

Charles Mostoller/Reuters

You wouldn’t expect your worst critic to defend your reputation. And you wouldn’t trust an opposing team to present your case to an umpire or referee. Likewise, you wouldn’t trust the Biden administration to defend one of the signature achievements of the Trump administration. But that’s the perilous situation we are in today when it comes to the fate of Title IX reforms in federal court.

Prior to Trump’s Title IX reforms, many students and faculty members were subjected to suspension or expulsion without even basic due process. Instead, a single biased university administrator could try and convict an accused student without that student’s receiving aid from an adviser or lawyer. At times, the administration would not even tell the accused who their accuser was, or what they were accused of. Many of the accused lost jobs, lost livelihoods, and lost their reputations.

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About the Author

William E. Trachman

William E. Trachman is the General Counsel at Mountain States Legal Foundation. He previously served as Deputy Assistant Secretary for Civil Rights in the Trump Administration and helped draft the 2020 Title IX Regulations.

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