Let us join in the chorus of those praising the recent American Association of University Professors (AAUP) statement, “The History, Uses and Abuses of Title IX.” In it, AAUP rightly criticizes the U.S. Department of Education Office of Civil Rights (OCR) for the way it has enforced Title IX. Its bureaucrats have neglected appropriate rulemaking procedures and have imposed a coercive bureaucratic regime that requires colleges and universities to ignore evidentiary protections and constitutional rights.
AAUP’s statement echoes concerns ACTA has raised time and again. In 2013, we joined with the Foundation for Individual Rights in Education in a letter to college and university trustees around the country, urging them to push back against OCR’s misbegotten Montana “guidance” letter.
We released a statement on Capitol Hill, calling on Congress to defund the department until appropriate rulemaking proceedings took place.
Were a number of college and university boards to band together to sue OCR for its unconstitutional crackdown, they could use the courts to force an end to OCR’s improper coercion of colleges and universities.
Sexual assault is a crime and must be treated as a crime. But we agree with AAUP that the Department of Education has unconscionably conflated “conduct and speech cases” in a way that has grossly expanded the intrusion of this unaccountable bureaucracy at the expense of faculty and student constitutional rights. It’s time that institutions—and their boards—fought back. ACTA is here to help.