Dems should not unravel basic constitutional protections

 Washington Examiner:

Representatives for 26 organizations, mostly conservative groups, called on the Department of Education's assistant secretary for civil rights to drop the agency's planned revision of regulations governing how schools handle sexual assault cases, claiming it is unnecessary.

The planned regulation would revise a current Trump-era Title IX regulation that streamlined the process for schools to handle sexual assault cases after concerns were raised that previous guidelines from the Obama administration had led to the erosion of due process. The current regulations were spearheaded by former Education Secretary Betsy DeVos and garnered substantial opposition from sexual assault awareness groups when enacted in 2020.

The Biden administration announced last year that it was working to revise the regulations. In December, Assistant Secretary of Education for Civil Rights Catherine Lhamon said the department would announce a new rule in April 2022. Lahmon previously served in the same position in the Obama administration.

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The letter said the Biden administration had not "pointed to any plausible reason why it might be necessary to amend the 2020 Rule" and noted that the current regulation's process for the adjudication of campus sexual assault cases had survived multiple legal challenges.

Among changes made by the 2020 rule was requiring that schools ensure an involved party's right to an adviser and mandating that a school hold a live hearing with the opportunity for each advocate to cross-examine the individuals involved.

The rule was praised by due process advocates, who said the regulation was a needed revision of previous department guidelines that they said provided incentives for schools to punish accused parties without affording them due process.

...


The old Obama rule was total garbage that led to Kangeroo courts denying the accused basic constitutional rights.  Going back to that unfair standard would lead to more litigation and suits against the colleges where the Obama-era rule is in place. 

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