August 13, 2014
WASHINGTON EXAMINER EDITORIAL: Obamacrats are strangling due process rights on campus.
Under the Education Department’s rules, college administrators are being pressured to pursue cases with little evidence of guilt other than an accusation. To make matters worse, the threat of a potential federal investigation of the school increases the pressure for guilty verdicts, unless defendants can marshall overwhelming exculpatory evidence.
In other words, in practice, this amounts to a federally required presumption of guilt in college disciplinary proceedings. To be sure, college campuses are not courts, and the Bill of Rights may not strictly apply to their disciplinary procedures, but the government is still requiring academic officials to do something it cannot do to defendants tried before federal judges.
It’s a disgrace, and should be reversed by federal legislation, and by hordes of expensive, lawyer-enriching lawsuits.