One of the areas of alleged lawlessness by the Obama Administration has been the Office for Civil Rights of the Department of Education (OCR). OCR has been pushing the agenda of a rape culture on college campuses. OCR has used guidances and “Dear Colleague” letters to effectively impose a series of questionable practices on colleges, such as depriving the accused of fair procedures.
There are numerous problems with this agenda. Some of them are substantive, such as the muddying of the definition of consent. Some of them are procedural, such as depriving the accused of procedural rights. But a third set of problems are legal. The problem is that the rules that OCR is imposing are questionable as a matter of law and have not been tested in the courts.
This is hardly an accident. The Office strategically imposes these standards through guidances because it knows that it is much more difficult for the guidances to be challenged in court ahead of time.