Rewriting the Constitution to Eliminate Due Process?
The Fourteenth Amendment to the Constitution states:
No state “shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Over 200 judicial decisions reveal that judges believe that due process and fairness apply in the campus setting. Indeed, all of the key provisions in the 2020 Title IX regulation have been affirmed by recent judicial decisions.
Indeed, a SAVE public opinion poll shows strong public support for campus due process. Unfortunately, a small but determined group of persons are working to fundamentally reshape basic notions of due process as part of a broader effort to weaken the U.S. Constitution.
Key developments:
- March 8, 2021: The Biden Administration issued an Executive Order calling for the Department of Education to consider “suspending, revising, or rescinding” the historic regulation.
- April 6, 2021: The OCR issued a letter announcing its plan to undertake a comprehensive review of the existing Title IX “regulations, orders, guidance, policies, and any other similar agency actions.”
- August 24, 2021: The OCR issued a letter saying consistent with a recent judicial decision, OCR would not enforce a provision in the new regulation, 34 C.F.R. § 106.45(b)(6)(i), which prohibits a decision-maker from relying on statements that are not subject to cross-examination during a hearing.
During her August 3 Senate committee hearing, Catherine Lhamon declined to affirm her belief in a single due process protection. Indeed, Lhamon revealed her opposition to the presumption of innocence, saying that Title IX adjudicators only “should be open to the possibility” that the accused party is not guilty. Lhamon did not express regret that the policies enforced during her previous OCR stint had created a spate of civil rights abuses.
As a result, numerous commentators, lawmakers, and organizations expressed their opposition to her nomination. On October 20, Lhamon was confirmed to serve as director of the Office for Civil Rights, with Vice President Harris casting the tie-breaking vote.
A draft Title IX regulation is expected to be released in May, 2022. All stakeholders will be invited to comment on the draft regulation.
TAKE ACTION!
Contact your Representative and Senators in Washington, urge them to issue a statement in support of campus due process. Telephone: (202) 224-3121.