For years, universities have denied basic procedural protections to students accused of sexual misconduct. Despite the seriousness of such allegations, schools routinely condemn students as responsible without so much as a hearing or the opportunity to confront their accusers. This was supposed to change when the Department of Education’s new Title IX regulations took effect on August 14.
But the more things change in higher education, the more they stay the same. It’s no secret that schools fought the new regulations tooth and nail. Now they are outdoing each other to circumvent them.
Universities resisted the regulations despite the fact that they actually deregulate higher education in important ways, by limiting universities’ liability exposure and narrowing the scope of students’ private lives that universities must police.