(from National Review):
By David French
Honestly, even for a person who’s been hardened by decades of campus ideological and legal battles, it’s hard to believe how thoroughly unhinged, how intellectually bankrupt is the argument against protecting due process on campus. Yesterday, Education Secretary Betsy DeVos announced that the Trump administration would shortly begin a regulatory rulemaking process designed to protect college students from sexual assault while also protecting the fundamental constitutional rights of the accused.
More precisely, DeVos signaled her intention to withdraw the Obama administration’s 2011 “Dear Colleague” letter that unilaterally and lawlessly required universities to adjudicate sexual-assault claims under a preponderance-of-the-evidence standard (the accused is responsible if there’s a 50.1 percent probability he committed the crime) but without protecting due process. Obama’s policy resulted in a kangaroo-court system where accused students often don’t have access to counsel, the ability to effectively cross-examine their accuser (indeed, the Obama admin specifically urged that accused students not be permitted to cross-examine accusers), or even access to all the evidence in the case. CONTINUE READING HERE