Due Process In Campus Proceedings Could Be Taking A Major Hit

Markus Funk addresses how the long-anticipated new federal guidelines for how schools should respond to allegations of sex discrimination and sexual misconduct threaten to strip away certain important due process rights for those accused of violations.

The Education Department has now for a second time delayed issuance of these final rules, previously slated for release this October (and prior to that promised by May 2023). Although there is no doubt that schools must vigorously pursue and discipline wrongdoers on campus, there is a right way to do it that increases the odds of an accurate, reliable reckoning.  Hopefully, the Education Department will use the additional time to reconsider its current path.