January 31, 2017

TITLE IX: K.C. Johnson & Stuart Taylor: The path to Obama’s ‘Dear Colleague’ letter. “The Obama administration never explained the timing of this document’s release. Nor did it explain how a plainly worded, 40-year-old anti-discrimination law had become a fount of such highly controversial mandates. . . . In the end, OCR’s selective interpretation of Title IX combined elements of a few past resolution letters that would increase the chances of guilty findings with unrelated items (such as discouraging cross-examination) that accomplished the same purpose. The effects have been disastrous, leaving the courts as the most reliable protector of accused students’ rights.”

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