‘Dear Colleague’ Discontent

May 2, 2016

By Allie Grasgreen Ciaramella at Politico

‘DEAR COLLEAGUE’ DISCONTENT: The Education Department’s Dear Colleague letter on how to prevent and punish campus sexual violence has been a source of controversy since its 2011 release, but criticism has been especially plentiful in the last several weeks. First, Republican Sen. James Lankford wrote multiple letters accusing federal officials of creating binding guidance while ignoring the legislative and regulations process [http://politico.pro/1rnPB3k]. Next, Senate HELP Committee Chairman Lamar Alexander joined in the criticism at a recent appropriations hearing [http://politico.pro/1RTwFBC]. Then came the series of reports on new lawsuits against the government, including one by a Georgia legislator who alleges the department exceeded its authority with the letter [http://bit.ly/1WhmI3Y] and another by a Colorado student who says he was suspended indefinitely over a consensual sexual act [http://bit.ly/2481Ajq]. And last Friday, the Foundation for Individual Rights in Education, which is looking for plaintiffs to build an Administrative Procedure Act challenge to the Office for Civil Rights’ “abuse of power” [http://bit.ly/1RABjWJ], determined that a recent Department of Justice settlement with the University of New Mexico interprets Title IX as requiring colleges to violate the First Amendment: http://bit.ly/23Xlj90...

Schools: University of New Mexico