Parents have bombarded the Biden administration with a record number of comments in opposition to a proposed Department of Education Title IX rule that, among other things, would compel schools that receive federal funding to assign anatomical and chromosomal boys who “identify” as girls to the bathrooms, locker rooms, and showers reserved for biological girls.
There are numerous other defects with the rule, not the least of which is the Star Chamber manner in which allegations of sex discrimination are to be investigated. Among other things, the proposed grievance procedure would allow the same person to both investigate and rule on claims of sex discrimination. The prior regulations required the investigator and decisionmaker to be different people.
Obviously, there’s inherent danger in having a single person both investigate alleged misconduct and determine whether any misconduct occurred. This is especially the case in the supercharged atmosphere of campus sexual-misconduct cases. Someone who spends time and effort investigating an alleged misdeed may be reluctant to conclude that their investigation turned up nothing, especially when today’s campuses often give primacy to a person’s allegations based on identity. Verdict first, trial later.
The proposed rule is a retreat from the foundational principles of due process. It’s also just plain stupid on numerous levels. The comment period closes today. To comment on the rule, go here.