Earlier this year, the Education and Justice Departments started issuing new guidance for colleges and universities on how to respond to accusations of campus sexual assault and harassment.
Previous letters gave us the low “preponderance of evidence” standard of proof without meaningful due process attached, and the threat of funding losses if a school doesn’t adequately comply. The marching orders from Washington have thus far been: “Find the accused responsible, or else.”
An editorial in the Wall Street Journal this week highlights a new round of demands from the federal government that will make it even more dangerous for students — especially male students — on college campuses. The editorial board points specifically to the recent investigation into the University of New Mexico, and what Title IX violations DOJ found it responsible for.
UNM was found to have violated Title IX by failing “to provide effective interim safety measures” once a student had been accused. They can include changing dorms or classes, restricting when and where and accused student can be on campus and more.
“Some of this may be appropriate if someone poses an immediate threat to public safety, but UNM was sanctioned for being insufficiently punitive,” WSJ wrote. “‘For example,’ Justice writes, ‘a respondent was suspended during the pendency of a sexual assault investigation but applied for graduate school at UNM and was granted admission prior to the time OEO completed the investigation.’ OEO is UNM’s Title IX enforcement office.”
Justice also scolded UNM because even though an accused student was exonerated after he was banned from campus, his return to the school made the accuser feel “powerless and destroyed.”
“In other words, students should have their academic careers or economic futures derailed before any adult has examined the evidence, assessed the credibility of the witnesses, or provided a fair and impartial inquiry,” WSJ wrote. “False accusations are not unknown, especially among immature or unstable young people.”
At some point, colleges and universities are going to have to fight back against the weaponization of Title IX. Until that happens, students and faculty will continue to live in fear that they will cross someone and face an accusation.
Ashe Schow is a commentary writer for the Washington Examiner.
