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)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?