The Department of Eduction has issued its final Title IX Regulations, running 2022 pages. I had to read a blogger to figure out that a properly-promulgated Federal Regulation was the issue, not some pissy little personal “rule” from late-night Tweets of Betsy DeVos. Major newspapers were quite sloppy reporting it.
The regulation requires, in campus allegations of sexual assault:
- An express presumption of innocence;
- live hearings with cross-examination conducted by an advisor of choice, who may be an attorney;
- sufficient time and information — including access to evidence — to prepare for interviews and a hearing;
- impartial investigators and decision-makers; [and]
- a requirement that all relevant evidence receive an objective evaluation.
The regulation, which went through the full Administrative Procedures Act notice and comment process, replaces a 2011 Obama Administration “Dear Colleague” letter that went through no APA process but darkly threatened loss of federal funds if universities didn’t presume accused men (mostly) guilty and run them through a kangaroo court proceeding with zero due process.
So Joe Biden, with no apparent sense of irony, hates it and promised to immediately reverse it when he’s President. So far as I can tell, that accurately portrays his party’s view on the evil of due process for the accused in cases of alleged sexual assault.
So maybe Trump isn’t the only madman running for President.
I can’t vote for Trump, but Biden is making Justin Amash or the American Solidarity Party candidate look pretty good.