SAVE Oral Testimony to the Office for Civil Rights
June 7, 2021
Good morning. My name is Edward Bartlett. I am the president of SAVE, a non-partisan organization that is working for campus fairness and due process. SAVE advocates on behalf of both complainants and respondents.
One of the misconceptions surrounding the sexual harassment debate is that the issue is a partisan one that separates Democrats and Republicans. But is that really true?
First, let’s look at the statements issued by law school professors, who are generally inclined to be liberal. Beginning in 2014, law professors from Harvard Law School,[1] the University of Pennsylvania,[2] and Cornell Law School [3] issued strongly worded statements in support of campus due process.
Second, let’s look at a recent public opinion poll. A 2020 YouGov poll commissioned by SAVE found that two-thirds to four-fifths of all Americans agreed with the due process questions that were asked [4]. The survey reported similar levels of support among Democrats and Republicans.[5]
Third, let’s look at the judges who have issued rulings in favor of campus due process. A 2019 analysis published in the New York University Journal of Legislation and Public Policy looked at the number of pro-due process decisions by judges who had been nominated by Presidents Clinton, Bush, and Obama. The report found, “no meaningful statistical correlation exists between the [judicial] outcome and [which president] nominated the judge.”[6]
Fourth, let’s examine the statements published in the last three months, after the Department of Education announced it would be reviewing the 2020 regulation. The editorial boards of five major newspapers weighed in, in support of campus fairness:
- Detroit News [7]
- Los Angeles Times [8]
- New York Daily News [9]
- Washington Post [10]
- Wall Street Journal [11]
Of these newspapers, four are generally regarded as liberal, and one, the Wall Street Journal, viewed as conservative.
Finally, former Democratic presidential candidate Michael Bloomberg issued a strongly worded editorial on March 25.[12] Referring to the campus regime established under the 2011 Dear Colleague Letter, Bloomberg explained, “Alleged victims said that schools failed to investigate their claims professionally…. Accused students were routinely denied the right to examine evidence, receive written notice of the charges against them, or cross-examine witnesses.”
Bloomberg concluded, “College students deserve a better and more just system, and the Biden administration should undertake to create it.”
SAVE looks forward to continuing conversations with the Office for Civil Rights. Thank you.
Citations:
[1] https://www.bostonglobe.com/opinion/2014/10/14/rethink-harvard-sexual-harassment-policy/HFDDiZN7nU2UwuUuWMnqbM/story.html
[2] http://media.philly.com/documents/OpenLetter.pdf
[3] https://www.scribd.com/document/375274931/John-Doe-v-Cornell-Motion-of-23-Cornell-Law-Professors-to-File-Amicus-Brief-in-Support-of-Student
[4] SAVE, (November 16, 2020), YouGov Poll on Campus Due Process. https://www.saveservices.org/wp-content/uploads/2020/11/YouGov-Poll-on-Campus-Due-Process-11.16.2020.xlsx
[5] SAVE (November 18, 2020), YouGov Poll with Political Party Identification. https://www.saveservices.org/wp-content/uploads/2020/11/YouGov-Poll-with-political-party-identification-11.18.2020.xlsx
[6] https://nyujlpp.org/wp-content/uploads/2019/12/Harris-Johnson-Campus-Courts-in-Court-22-nyujlpp-49.pdf
[7] The Detroit News (May 10, 2021), Opinion: Keep Title IX sex assault rules constitutional. https://www
.yourdailyjournal.com/opinion/100732/opinion-keep-title-ix-sex-assault-rules-constitutional
[8] The (Los Angeles) Times Editorial Board (March 22, 2021), Editorial: Betsy Devos’s campus sex-assault rules need a tweak, not an overhaul. https://news.yahoo.com/editorial-betsy-devoss-campus-sex-100019802.html
[9]Daily News Editorial Board (March 10, 2021), Fairness for accusers & accused: Biden shouldn’t mess with Title IX improvements on sexual misconduct. https://www.nydailynews.com/opinion/ny-edit-biden-title-ix-changes-20210310-hn6wmbuwgfflnld72aj24qclse-story.html
[10] The Washington Post Editorial Board (March 28, 2021), Opinion: Biden has a chance to restore balance to the rules on campus sexual assault. https://www.washingtonpost.com/opinions/biden-has-a-chance-to-restore-balance-to-the-rules-on-campus-sexual-assault/2021/03/28/cc4416fc-8767-11eb-8a8b-5cf82c3dffe4_story.html
[11] WSJ Editorial Board (March 4, 2021), Here Comes the Due Process Rollback, House Democrats want Biden to repeal campus protections in sexual misconduct cases. https://www.wsj.com/articles/here-comes-the-due-process-rollback-11614902297
[12] https://www.bloomberg.com/opinion/articles/2021-03-25/title-ix-biden-should-bring-better-justice-to-u-s-universities