What the Feds Have Done to Colleges and Schools

Article here. Excerpt:

'The Obama administration has repeatedly violated civil liberties on campus. The Education Department’s Office for Civil Rights (OCR) has been the chief culprit, but the Department of Justice has played a role too. They have attacked free speech, demanding that school officials censor politically-incorrect speech. They have also pressured colleges to stack the deck against students accused of sexual harassment or assault by denying them the right to due process. The Obama administration has violated the Constitutional guarantee of equal protection by demanding racial quotas in school discipline and turning a blind eye to campus racial violence against whites. It also has shown a contempt for religious freedom and the due process rights of colleges themselves.
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The Administration has also stacked the deck against people accused of sexual harassment or assault in campus disciplinary proceedings. For example, in Title IX investigations, it has required that colleges impose “interim measures” against accused students before they ever receive a hearing on the charge against them, measures that can include expulsion from a dorm and classes shared with the accuser. It perversely faulted Michigan State for not investigating a false complaint fast enough, even though the complainant didn’t want a college investigation at all, and it suggested the University might have to offer the false accuser academic “remedies.”

In its April 4, 2011 Dear Colleague letter to the nation’s colleges, OCR instructed to colleges to restrict cross-examination, even though the Supreme Court has declared that cross-examination is the “greatest legal engine ever invented for the discovery of truth.” It also ordered colleges to abolish the clear-and-convincing standard of evidence that was once the norm in college discipline, recommending instead the far weaker “preponderance of evidence standard (50.001 percent certainty).

OCR also has recently required some investigated colleges (such as Harvard and SUNY) to conduct “individual complaint reviews” for all allegations in past academic years to see if the college “took steps” against harassment in each case. That creates the risk of students being investigated all over again for an offense the college previously found them not guilty of, much like double jeopardy.'