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End Federal Micromanagement of College Discipline Under Title IX
Article here. Excerpt:
'Vice President Pence said that he and President Trump “believe that education is a state and local function that should be controlled by” states, not the federal government. A great way to restore local control would be rescind the Obama administration’s federal micromanagement of college discipline. Under Obama, the Education Department sometimes pressured colleges to do things that could lead to lawsuits being filed against them by their students.
For example, the Education Department’s April 4, 2011 “Dear Colleague” letter urged colleges to restrict cross-examination in sexual harassment and assault cases. As its Office for Civil Rights (OCR) put it in that letter, “OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing.” When schools take that advice, it can violate a student’s rights under a state’s Administrative Procedure Act (APA). Under many state APAs, students have a right to cross-examine their accuser, as courts have made clear in cases such as Arishi v. Washington State University, 385 P.3d 251 (Wash. App. 2016) and Liu v. Portland State University, 383 P.3d 294 (Or. App. 2016).'
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