Last week, Education secretary Betsy DeVos released the new regulations for colleges to follow in Title IX cases. The old rules, decreed in the Obama administration, trampled all over concepts of fairness and due process in order to create a winning political issue for the Democrats. Many people in and out of the legal profession denounced them and early in her tenure, Secretary DeVos suspended them.
In today’s Martin Center article, I write about the ways in which the new rules restore balance in Title IX cases. The one-sided proceedings headed by a single administrator — often a zealot who was determined to nail as many of the accused as possible — are no longer approved.
The trouble is that Democrats and their campus allies don’t want to relinquish the power they have enjoyed since 2011. People like Catherine Lhamon, who now chairs the U.S. Civil Rights Commission but as head of the Education Department’s Office for Civil Rights under Obama created and enforced the old rules, attacked the new regulations with wild rhetoric. Joe Biden has stated that if elected, he will toss out the DeVos regulations and go back to the days of Title IX show trials. Thousands of Title IX administrators are deeply committed to the old regime and might drag their heels on complying with the new regulations.
When colleges eventually get back to normal human interactions, we will probably see something akin to the anti-Trump Resistance. The Education Department had better be ready to take action against recalcitrant schools.