DeVos Defends Due Process at Universities

(p. A17) Education Secretary Betsy DeVos has made clear her intention to correct one of the Obama administration’s worst excesses–its unjust rules governing sexual misconduct on college campuses. In a forceful speech Thursday at Virginia’s George Mason University, Mrs. DeVos said that “one rape is one too many”–but also that “one person denied due process is one too many.” Mrs. DeVos declared that “every student accused of sexual misconduct must know that guilt is not predetermined.”
. . .
As four Harvard law professors–Jeannie Suk Gersen, Janet Halley, Elizabeth Bartholet and Nancy Gertner–argued in a recent article, a fair process requires “neutral decisionmakers who are independent of the school’s [federal regulatory] compliance interest, and independent decisionmakers providing a check on arbitrary and unlawful decisions.” The four had been among more than two dozen Harvard law professors to express concerns about the Obama administration’s–and Harvard’s–handling of Title IX. So too had 16 University of Pennsylvania law professors, as well as the American Council for Trial Lawyers.

For the full commentary, see:
KC Johnson and Stuart Taylor Jr. “DeVos Pledges to Restore Due Process; The Obama Education Department’s Title IX decree ‘failed too many students,’ she says.” The Wall Street Journal (Fri., Sept. 8, 2017): A17.
(Note: ellipsis added.)
(Note: the online version of the commentary has the date Sept. 7, 2017.)

The commentary, quoted above, is related to the authors’ book:
Johnson, KC, and Stuart Taylor, Jr. The Campus Rape Frenzy: The Attack on Due Process at America’s Universities. New York: Encounter Books, 2017.

The article by the Harvard law professors, mentioned above, has been posted online at:
https://dash.harvard.edu/bitstream/handle/1/33789434/Fairness%20for%20All%20Students.pdf?sequence=1

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