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Will Due Process Be Returned To Academic Suspension?: An Analysis Of Academia's Rejection Of The Title Ix Final Rule, Andrew F. Emerson
Will Due Process Be Returned To Academic Suspension?: An Analysis Of Academia's Rejection Of The Title Ix Final Rule, Andrew F. Emerson
Catholic University Law Review
In 2011, the Department of Education ("DOE") under the Obama administration issued its Dear College Letter ("DCL") ordering publicly funded educational institutions to undertake aggressive actions to deter what was deemed an epidemic of sexual violence on college campuses. DOE subsequently aggressively enforced the directives of the DCL with scores of costly investigations of college disciplinary systems and threatened withdrawal of federal funding for institutions that failed to respond to sexual harassment claims aggressively. Hundreds of lawsuits followed in the wake of the DCL's issuance. Specifically, the flood of litigation was initiated by males contending they were briskly expelled, suspended, …