Biden’s Proposed Title IX Procedural Rules Bring Back Kangaroo Courts at Colleges
What is the best way to determine whether a person engage in sexual harassment or sexual assault at a university? What procedural safeguard should we offer, given the fact that being expelled from college could destroy a person's career?
The National Review Compares the current rules (enacted by Trump's secretary of education Betsy DeVos) to the rules being proposed by Joe Biden. The article is titled, "Guilty until Proven Innocent: Biden Title IX Changes Mean Return to ‘Dark Ages’ for Falsely Accused Students."
While the woman who’d accused him of rape appeared before a Columbia University panel in June 2017, Ben Feibleman was in another room watching it on Zoom.
Feibleman was not allowed to cross-examine his accuser during the hearing to determine if he would be expelled from the school, potentially scarring his personal and professional life permanently. He wasn’t even allowed to be in the same room with her.
During the hearing, Feibleman was also barred from discussing a medical report that found his accuser was likely not impaired or unable to consent to sexual activity the night of the alleged assault. He was barred from discussing his accuser’s behavior that he said eventually caused her friends to doubt her. If Feibleman mentioned any of it, he’d be removed from the hearing.
Feibleman’s written statement to the three-member hearing panel was heavily redacted, according to court records. The panel took no testimony. Members refused to ask questions of Feibleman or his accuser that Feibleman had repeatedly begged them to ask about evidence he’d submitted in his favor — hundreds of photos, videos, and a damning audio recording.
And then the panel found Feibleman guilty. He was expelled and denied his diploma.
“Nobody had any interest in my version of events,” Feibleman told National Review.
Feibleman’s experience with a less-than-fair quasi-judicial university hearing was not unique in the years after the Obama administration issued Title IX guidance documents directing the nation’s colleges and universities to crack down on sexual harassment and sexual violence cases on and off campus. The Obama-era guidance essentially tipped the scales in the direction of the accusers, typically women, with millions of dollars of federal funding for schools on the line. [More . . . ]