Law Commons^™

Ocr's Bind: Administrative Rulemaking And Campus Sexual Assault Protections, Sheridan Caldwell

Northwestern University Law Review

During President Barack Obama’s Administration, significant light was shed on the depth of the United States’ campus sexual assault problem. As a result, the Department of Education’s Office for Civil Rights increased enforcement of Title IX provisions by way of its 2011 “Dear Colleague Letter.” This Note argues that the Dear Colleague Letter was improperly enforced as if it were a formal legislative rule and was therefore illegitimate. Nevertheless, this Note contends that the preponderance of the evidence standard initially enshrined within the Dear Colleague Letter should be adopted through the notice-and-comment procedures President Donald Trump’s Administration promises in order …