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23 J. L. Bus. & Ethics 1 (2017)
Title IX Office of Civil Rights Directives: An Assault against Due Process and First Amendment Rights

handle is hein.journals/jourlbun23 and id is 12 raw text is: Title IX OFFICE OF CIVIL RIGHTS DIRECTIVES: AN ASSAULT AGAINST DUE PROCESS AND FIRST AMENDMENT RIGHTS Audrey Wolfson Latourette* Contents I. O V E R V IEW ............................................................................................................ 1 A. Do institutions of higher education serve as the appropriate forum to hear sexual assault and rape cases? .......................................................... 4 B. Does the mandated standard of evidence to be employed in a school's grievance procedure for sexual harassment or sexual assault deprive the accused of a fair hearing? .................................................................... 7 C. Does a mandated procedure which negates the right to cross examine one ' accuser among other limitations, violate basic tenets of fundamental fairness or due process? ....................................................... 8 D. Are the rights against double jeopardy, self-incrimination and due process threatened by OCR procedures? ................................................... 9 E. Do the procedures required by the OCR pose threats to academic freedom and First Amendment rights? ..................................................... 13 F. Will censure and threats of withdrawal offederalfunding prompt institutions of higher education to engage in a rush to judgment? ............ 16 II. C O N CLU SION ................................................................................................... 18 I. OVERVIEW This article seeks to address the serious threat to both due process and First Amendment rights posed by the standards of compliance issued by the U.S. Department of Education, Office of Civil Rights (OCR) in both its purported guidance documents, the Dear Colleague letter of 2011, and in its Questions * Distinguished Professor of Business Law, Stockton University. Research for this article was conducted, in part, as a scholar in residence at New York University, courtesy of the Faculty Resource Network. An earlier version of this article authored by Latourette entitled Universities' Compliance with Title IX OCR Directives: Do the New Sexual Harassment/Sexual Offense Policies Advance Social Justice? appeared in Network: A Journal of Faculty Development (Spring 2016), published by the Faculty Resource Network of New York University. 1. U.S. Department of Education, Office for Civil Rights, Dear Colleague Letter, http://www2.ed.gfor/aboutoffices/listocr/letters/colleague-201104.html. 23 J.L. Bus. & ETHICS 1 (2017)

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