From the Tuesday edition of the Morning Jolt:
Jerry Brown Concurs with DeVos on Campus Due Process Rules
Conservatives find themselves in the unexpected position of cheering some of California Governor Jerry Brown’s recent vetoes.
Most significantly, the Democrat-dominated state legislature wanted to effectively keep the Obama-era standards on sexual assault on campus in place within their state. The Obama administration guidelines, which were never subjected to public notice and comment, triggered some far-reaching changes:
… [they] lowered the burden of proof to a “preponderance of the evidence” standard, which meant that accused students could be found responsible for sexual misconduct if administrators were only 51 percent convinced of the charges; it discouraged allowing the accused and accuser to cross-examine each other, reasoning that this could prove traumatizing for survivors of rape; and it stipulated that accusers should have the right to appeal contrary rulings, allowing accused students to be re-tried even after they had been judged innocent.
Education Secretary Betsy DeVos announced in September she was withdrawing those rules and beginning the process of establishing new guidelines.
While vetoing the bill, Brown wrote:
…thoughtful legal minds have increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault — well-intentioned as they are — have also unintentionally resulted in some colleges’ failure to uphold due process for accused students. Depriving any student of higher education opportunities should not be done lightly, or out of fear of losing state or federal funding.
Given the strong state of our laws already, I am not prepared to codify additional requirements in reaction to a shifting federal landscape, when we haven’t yet ascertained the full impact of what we recently enacted. We have no insight into how many formal investigations result in expulsion, what circumstances lead to expulsion, or whether there is disproportional impact on race or ethnicity. We may need more statutory requirements than what this bill contemplates. We may need fewer. Or still yet, we may need simply to fine tune what we have.
It is time to pause and survey the land.
Brown also vetoed legislation that would require presidential candidates to release their tax returns for the past five years in order to qualify for the California ballot, legislation obviously designed to pressure President Trump. Brown wrote, “Today we require tax returns, but what would be next? Five years of health records? A certified birth certificate? High school report cards? And will these requirements vary depending on which political party is in power?” (Interesting irony: Brown failed to release copies of his tax returns during campaigns for governor in 2010 and 2014.)
Brown also vetoed “a bill that would have required companies with more than 500 employees to report median and mean salary data on male and female exempt employees, which would have been published online by the Secretary of State.”
Of course, conservatives won’t like all of the Democratic governor’s recent decisions. Brown signed a slew of other bills, including one to allow Californians to select “gender-neutral” on their driver’s licenses, and a ban on K-12 teachers carrying firearms in schools.
Perhaps most significantly, he signed a “sanctuary state” bill into law that will “limit communication between California police officers and federal immigration agents about people detained by police or in jail awaiting trial. Exceptions include those who have been convicted of at least one of hundreds of serious crimes within the past 15 years and suspects in serious crimes punishable with prison time for which a judge has found probable cause. It also prohibits California officers from inquiring about a person’s immigration status.”