The Nomination of Catherine Lhamon: An Oxymoronic Injustice
SAVE, a non-profit, non-partisan organization, is a long-standing national leader in the area of campus fairness and civil rights. SAVE supports the interests and rights of both complainants and the accused.
SAVE was surprised by recent news about the nomination of Catherine Lhamon to become the Assistant Secretary for Civil Rights at the Department of Education’s Office for Civil Rights. We believe this is a serious mistake. It would be an oxymoronic injustice for a person with Lhamon’s long-standing record of determined opposition to “civil rights” to be confirmed to head up a federal “Office for Civil Rights.”
As a result of Lhamon’s aggressive enforcement of the flawed 2011 Dear Colleague Letter and the wrongful campus determinations that followed, numerous appellate court decisions have been handed down upholding due process protections for the accused – see SAVE’s recent Special Report, “Appellate Court Decisions for Allegations of Campus Due Process Violations, 2013-2020.”
More recently, numerous statements in support of campus due process have been issued. The statements by lawmakers and leading newspapers have been issued from approximately equal numbers of liberal and conservative sources – see listing below.
SAVE urges senators to oppose the nomination of Catherine Lhamon to the Office for Civil Rights.
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RECENT STATEMENTS MADE IN SUPPORT OF CAMPUS DUE PROCESS
Lawmakers:
- Michael Bloomberg: Bring Better Justice to U.S. Universities
- Sen. Richard Burr and Rep. Virginia Foxx: Letter to Department of Education Miguel Cardona
- Virginia Lt. Gov. Justin Fairfax: Statement of April 7
Newspaper Editorial Boards:
- Detroit News: Keep Title IX sex assault rules constitutional
- Los Angeles Times: Betsy DeVos’s campus sex-assault rules need a tweak, not an overhaul
- Washington Post: Biden has a chance to restore balance to the rules on campus sexual assault
Organizations:
- SAVE:
- Eugene/Springfield, Oregon Chapter of the NAACP
- National Association of Scholars:
- Independent Women’s Forum: IWF and Independent Women’s Law Center Urge Biden Administration To Maintain Due Process Protections
- FIRE: More than 100 members of Congress to new Education Secretary: Abandon Title IX rules.
Individuals:
- David Golub: How Will Title IX Policies Affect Autistic Students?
- Raul Jauregui: Removing or Weakening the Presumption of Innocence in Title IX Proceedings Would Institutionalize ‘Cancel Culture’
- Wendy McElroy: Due Process on Campus Keeps Justice on the Streets
- Andrew Miltenberg and Kristen Mohr: Princeton must consider due process in sexual misconduct policies
- Natanya DeWeese: Guilty Until Proven Innocent: The Devastating Impact of the Pre-2020 Title IX Regulations on College Students Accused of Title IX Violations.
- Doe v. Purchase College: OCR Review of Title IX Regulation Needs to Stop ‘Victim-Centered’ Abuses
- Edward Bartlett and Linda Chavez: The Future of Title IX Implementation (podcast)
- Buddy Ullman: Biden’s Enigmatic Executive Order on Sex Discrimination
- Jennifer Braceras: Attempts To Roll Back Due Process On Campus Hurt Students (radio interview)
- James Baresel: Biden, Title IX, and the Dangers Behind “Vague Positives”
- KC Johnson: On Title IX, Dems Move to Restore Obama-Era Unfairness
- Andrew Sullivan: Emily Yoffe On Due Process and Campus Rape
- Just the News: Biden’s plans for campus sexual misconduct regulations leave lawyers puzzled
- Justin Dillon and Candice Jackson: Why Does Joe Biden Hate Due Process?
- Paul Falanga: Title IX: A Professor’s Premonition Becomes a Disastrous Reality
- Jacob Sullum: Biden Threatens to Revive Kangaroo Courts in College Sexual Assault Cases
- Cynthia Ward: New Title IX regulations restored fair process — why try to overturn them?
- James Baresel: Biden Title IX Revisions Would Destroy Due Process, Create Legal Quagmires, and Not Solve Real Problems
- Alison Somin: Biden executive order will lead to due process deficits on campus
- Daily Wire: Schow On Fox: Everyone Loses When Due Process Is Rolled Back
- Teresa Manning: Biden Title IX bid to ‘believe all women’ will meet its match on campuses
- David Harsanyi: Biden Prepares to Strip College Students of Due-Process Rights
- Campus Reform: Biden signs executive order in move toward revoking rule aimed at preserving due process
- Jordan Davidson: Biden Wars Against Biological Sex And Due Process With Two New Executive Orders
- Washington Examiner: A conversation with Brooklyn College professor KC Johnson