Biden v. the Courts on Title IX: Appellate rulings have shredded colleges for denying due-process protections—the same protections that the Democratic nominee promises to revoke.

City Journal ^ | September 15, 2020 | KC Johnson

[karpov]

“Any number of federal constitutional and statutory provisions reflect the proposition that, in this country, we determine guilt or innocence individually—rather than collectively, based on one’s identification with some demographic group,” wrote U.S. Appeals Court Judge Raymond Kethledge in a late June opinion. “That principle has not always been perfectly realized in our Nation’s history, but as judges it is one that we take an oath to enforce.”

Kethledge’s words revived a lawsuit filed by an Oberlin College student who claimed that his school had unfairly found him guilty of sexual misconduct. Over a 100-day period this summer, four appeals courts, including the Sixth Circuit in the Oberlin case, issued rulings expressing concerns that universities, however well-intentioned, had discriminated against an accused student on account of his sex, in violation of Title IX. The decisions, applying to 23 states, represent the latest fallout from the 2011 and 2014 federal guidance pressuring colleges to respond aggressively to what the Obama administration considered a national epidemic of campus sexual assault. The recommended procedures, however, too often denied accused students a meaningful chance to defend themselves. Obama administration officials threatened to withdraw federal funding from schools that resisted these directives, “strongly” discouraging cross-examination and urging colleges to handle Title IX cases without a hearing and through a “trauma-informed” approach that presented virtually any behavior as consistent with the accused student’s guilt.

Without recorded dissent from House or Senate Democrats, Democratic presidential nominee Joe Biden has promised to restore the guidance that these summer decisions have resisted. Neither Biden nor any congressional Democrat has acknowledged these recent Appeals Court rulings—nor, for that matter, any of the 189 state or federal rulings favorable to accused students since the 2011 policy change.

[Rurudyne]

No delegated power for the federal to fund the schools. No funding, no ability to manipulate.

[Brian Griffin]

Perhaps a libel lawsuit is in order.

[Liz]

WORDS WE TREASURE----U.S. Appeals Court Judge Raymond Kethledge in a late June opinion (emphasis added).

"In the US, courts determine guilt or innocence individually—rather than collectively;
guilt or innocence is NOT based on one’s identification with some demographic group."

Identity politics shot down.

[poconopundit]

Oberlin College again? Remember they tried to take down a local merchant and got slapped down. What a dangerous hive for Leftist anarchists this College is.