The Department of Education now seeks not only a return to this deeply unjust system, but to exacerbate the injustices perpetuated by diminishing due process protections even more. These two cases show why Obama-era Title IX proceedings are morally wrong and violate principles of fairness that should govern any adjudicatory proceeding. Reid had some semblance of a hearing, she was not given notice of the allegations ahead of time, was not permitted to cross-examine either her accuser or other witnesses, and she was not allowed to have an attorney present. NCLA also represents Alyssa Reid in her case against James Madison University, which illustrates the life-destroying consequences that occur when campus tribunals severely diminish due process protections. Mukund Vengalattore, a highly esteemed physics professor at Cornell University, had his career derailed and his reputation destroyed by baseless allegations of sexual misconduct that he had no genuine opportunity to rebut.
Through representation of clients, NCLA is all too familiar with the injustices that result from systems that disregard fundamental aspects of due process. By broadening the definition of "sexual harassment," the Department of Education's proposed rule will infringe student and faculty First Amendment rights. The agency's efforts to expand Title IX to address other perceived problems, such as redefining "sex" to mean "gender" or "gender identity," is an unlawful usurpation of Congress's sole power to legislate and will force colleges and universities to eliminate women's sports and women's dorms-and possibly even fraternities and sororities. If, however, they are going to be dealt with on campuses, then such adjudications must protect the due process rights of both the accuser and the accused. Comments filed by the New Civil Liberties Alliance, a nonpartisan, nonprofit group, argue assault and sexual harassment/discrimination adjudications should be eliminated entirely from campuses and moved into the criminal justice or civil justice system.
#Due process amendments free
Department of Education's proposed changes to Title IX of the Education Amendments of 1972 would severely curtail due process protections in Title IX proceedings as well as violate First Amendment rights to free speech, expression, association, and practice of religion.
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