The Obama administration in 2011 unexpectedly revised the 1972 Title IX law to make student-on-student sexual assault accusations on college campuses a civil rights issue as well as a criminal issue. The “Dear Colleague” letter suddenly gave the federal government authority over college student judicial processes for sexual assault cases and, in doing so, reduced due process protections for the accused. The standard of proof was lowered to only a preponderance of evidence; accusers were to be given the right to appeal not-guilty decisions (a double jeopardy threat), and cross-examination of accusers was discouraged. Not following these new federal government guidelines could lead to the loss of all federal funding for the institution. Predictably, panic ensued inside the ivory towers.

Trump administration Secretary of Education Betsy DeVos took steps in November of 2018 to return the “innocent until proven guilty” standard to these student judicial proceedings. As Dr. Susan Berry describes, young men’s due process rights might finally be returning on some college campuses. Pat Daugherty, Ed.D.

July 17, 2019