The university has capitulated to U.S. Department of Education demands that it water down due process protections for accused students and faculty [celebratory ED press release]. That’s a sign of the “madness” afoot on campus at the moment, says Prof. Elizabeth Bartholet [WSJ Law Blog] With 27 other Harvard law professors, Bartholet had signed a letter calling for the defense of procedural fairness in disciplinary complaints under Title IX, which at this rate might as well have been shouted into the wind.
KC Johnson has a more detailed analysis of the settlement agreement at Minding the Campus. Sample excerpt:
As has occurred in previous settlements with SUNY and SMU, OCR also inserted an ex post facto review of cases from the past two academic years, ordering the law school to reinvestigate sexual assault claims (under the new, lower threshold) and to provide “any additional remedies necessary.” Will previously acquitted students now be branded rapists?
A considerable portion of the resolution agreement, however, amounted to little more than OCR lashing out at the Harvard Law professors, and reminding the law faculty who now has the power in campus due process debates….