The crackdown on college grievance procedures by the U.S. Department of Education’s Office for Civil Rights (OCR) paved the way for such developments as the administrative panic at the University of Virginia following Rolling Stone’s bogus assault article. I’ve got some thoughts at Cato about how the OCR crackdown grows out of a type of federal agency power grab — rule by “Dear Colleague” letter, sometimes known as sub-regulatory guidance or stealth regulation — that did not begin with this issue. As federal agencies have learned how to wield broad regulatory power without having to go through the formal regulatory process with its legal protections for affected parties, the courts have begun to apply skeptical scrutiny — which could open up one avenue of challenging the federal guidelines. Earlier on subregulatory guidance/stealth regulation here, here, etc. More: related from John Graham and James Broughel, Mercatus.