It was rotting.
The non-profit organization that is supposedly dedicated to protecting the rights of all Americans against government incursions, as the Bill of Rights holds in both letter and spirit, made no effort to protect the citizens whose liberties have been arbitrarily manacled by power-mad governor and mayors, though the pandemic over-reach seemed to be a perfect battleground for the once non-partisan and idealistic group.
However, once Secretary of Education Betsy DeVos spearheaded a much-needed revision of Title IX designed to protect the due process rights of male students accused of sexual misconduct on campus, the ACLU sprung into action—to try to block her.
It is hard for me to imagine how any objective reader could peruse the revised federal guidelines on how sexual assault allegations should be handled on college and K-12 campuses and conclude that they are hostile to the Bill of Rights in any way. Nevertheless, the federal lawsuit filed yesterday, with the backing of the ACLU, claims the changes would “inflict significant harm” on victims and “dramatically undermine” the civil rights of accusers—you know, those women who must be believed when they want men to be punished.
The suit was filed on behalf of four advocacy groups for such women, including Know Your IX and Girls for Gender Equity. The objective is to block the Education Department’s fixes, made necessary by the Obama Education Department’s unethical “Dear Colleague” letter that threatened universities with the loss of funds and other sanctions if they didn’t make it easier for women to get male students kicked out of school in she said/he said disputes. The reform regulations will go into effect by August 14 unless they are rejected by the courts.
The rules championed by DeVos bolster the due process rights of those accused of sexual assault and harassment, allowing for live hearings and cross-examinations.
The suit, filed in U.S. District Court in Maryland by the American Civil Liberties Union and the New York-based law firm Stroock & Stroock & Lavan LLP, is Orwellian. “This new federal effort to weaken Title IX makes it more difficult for victims of sexual harassment or sexual assault to continue their educations and needlessly comes amid a global pandemic.”
What does the pandemic have to do with anything? I guess it’s because the ACLU had a retreat or something and decided that the Wuhan virus suspended civil liberties. Says Yahoo!,
Advocates for sexual misconduct suspects and some civil liberties organizations have argued that the guidance under the Obama administration was too loose and didn’t properly afford the accused a presumption of innocence or hold schools to a standard of impartiality.
Ya think? Instead of a reasonable doubt standard, the Obama soft edict (‘Nice little college you have there. Be a shame if anything were to happen to it…’) demanded a preponderance of the evidence standard but did not require such basic elements as the opportunity to cross-examine accusers and to be represented by a lawyer. The reputations and educational opportunities of young citizens are at stake, and such consequences are far closer to what criminal defendants face than what is at stake in most civil trials. Using the reasonable doubt standard constitutes basic fairness and due process. The Obama “Dear Colleague Letter” was a sop thrown to the Democratic Party’s militant feminist base that became an even more powerful force as the #MeToo movement accelerated.
Now, of course, it may be possible for students accused of sexual harassment and assault to avoid discipline by proving they are Democrats and promising that they will vocally oppose President Trump on campus.
Angela Morabito, a spokeswoman for the Education Department, said yesterday that the final rule only codifies guidelines that hold schools to the same standards and ensures “no survivor is brushed aside and no accused student’s guilt is predetermined.” She added,
“The ACLU, which used to defend civil liberties, should be supporting such an approach.Instead, they’re helping schools trample on basic due process and gut protections for survivors to serve an ideological agenda where the ends justify the means.”
Exactly. The lawsuit shows that the United States of America no longer has an organization that exists to prevent governments from imposing its objectives on citizens at the cost of their basic liberties.
Someone should start one.