Stuart Taylor, Jr.Colleges Bristle as Judges, DeVos Push Protections for the Accused – Stuart Taylor, Jr. https://www.stuarttaylorjr.com Online Archive Fri, 20 Aug 2021 13:35:39 +0000 en-US hourly 1 https://www.stuarttaylorjr.com/wp-content/uploads/2018/06/cropped-favicon-32x32.png Colleges Bristle as Judges, DeVos Push Protections for the Accused – Stuart Taylor, Jr. https://www.stuarttaylorjr.com 32 32 Colleges Bristle as Judges, DeVos Push Protections for the Accused https://www.stuarttaylorjr.com/colleges-bristle-as-judges-devos-push-protections-for-the-accused/ https://www.stuarttaylorjr.com/colleges-bristle-as-judges-devos-push-protections-for-the-accused/#respond Wed, 04 Dec 2019 15:15:31 +0000 Stuart Taylor, Jr. https://www.stuarttaylorjr.com/?p=17256 Education Secretary Betsy DeVos’ proposed Title IX regulations, which are due to be issued in final form early next year, seek to require colleges that adjudicate claims of sexual assault against their students using some of the same procedures to ensure fairness that have long been treated as fundamental by courts. The most important provisions would require colleges to hold hearings at which a representative of each party has a right to cross-examine witnesses, including the other party, and to provide both students with all evidence gathered in the investigation. But these proposals have generated furious opposition from pro-complainant activists […]

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]]> Education Secretary Betsy DeVos’ proposed Title IX regulations, which are due to be issued in final form early next year, seek to require colleges that adjudicate claims of sexual assault against their students using some of the same procedures to ensure fairness that have long been treated as fundamental by courts. The most important provisions would require colleges to hold hearings at which a representative of each party has a right to cross-examine witnesses, including the other party, and to provide both students with all evidence gathered in the investigation.

But these proposals have generated furious opposition from pro-complainant activists and politicians willing to perpetuate the biases against accused students – procedures initiated by the Obama administration and with which most colleges were happy to comply. Alexandra Brodsky, a co-founder of Know Your IX, the nation’s most powerful pro-accusers’ rights organization, recently promised “massive national student resistance” to the effort to make campus procedures more even-handed. Josh Richards, a lawyer who regularly represents universities in lawsuits filed by accused students, dismissed cross-examination as being “without any meaningful addition in a truth-seeking function.” This view flies in the face of America’s founding principles, the Constitution, and longtime Supreme Court precedent. The high court has called the right to cross-examination “the greatest legal engine ever invented for the discovery of truth.”  Yet Sen. Patty Murray, the ranking Democrat on the Senate HELP Committee, is leading the effort to neuter the regulations’ cross-examination provisions, according to the Washington Post.

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