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The Biden administration’s proposed re-write of Title IX has generated a record-setting 215,000-plus public comments, many of which forcefully reject what’s being proposed. It’s for good reason.
A well-constructed piece of public policy, whether a law or a regulation, should be clear for all those who have to live under it. Biden’s proposed rule is not. In fact, the only thing about the proposal that is clear is the intention to advance an extreme political agenda over doing what’s right for survivors and all students.
While the failings in this regard are legion, allow me to highlight two that make this rule untenable.
First, the proposal undermines due process—a quintessential hallmark of justice—at every turn. It strains to find any rationale conceivable to justify its extreme positions and is transparent in its attempt to overturn every single due process element of the 2020 regulation I finalized as secretary of education.
Look no further than how it eliminates cross-examination.
The proposed regulation details at great length the significant case law that supports the irreplaceable value cross-examination holds in uncovering the truth. To wit,