Rule by ‘Dear Colleague’ Letter: The Department of Education’s Stealth Regulation
"We’ve noted repeatedly how the
U.S. Department of Education, using authority it claims under Title IX
and other federal laws, has arm-twisted the nation’s colleges and
universities into stripping away procedural protections for faculty and
students facing charges of sexual misconduct, sought to regulate speech
as “verbal conduct,” and urged colleges to record microaggressive
behaviors that do not rise to the level of harassment or assault but
might add up in time to some future pattern. The resulting federal
pressure has done much to generate a campus atmosphere in which
administrators like those at the University of Virginia react even to
unsubstantiated and soon-refuted assault claims with harsh crackdowns directed at whole groups of students against whom no misconduct whatsoever has been charged."
[CATO]
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