The New Standard for Campus Sexual Assault: Guilty until Proven Innocent

December 30, 2015

By Stuart Taylor and KC Johnson at National Review

When it comes to due process on campus, Republicans in Congress, who campaigned on vows to rein in the Obama administration’s abuses of executive power, have largely acquiesced in its bureaucratic imposition of quasi-judicial tyranny. For more than four years, the White House and the Education Department’s Office for Civil Rights (OCR) have used an implausible reinterpretation of a 1972 civil-rights law to impose mandates unimagined by the law’s sponsors. It has forced almost all of the nation’s universities and colleges to disregard due process in disciplinary proceedings when they involve allegations of sexual assault. Enforced by officials far outside the mainstream, these mandates are having a devastating impact on the nation’s universities and on the lives of dozens — almost certainly soon to be hundreds or thousands — of falsely accused students...