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Ed Secretary DeVos Accused Obama Admin of “weaponizing” Office of Civil Rights in Title IX Policy Change Announcement

Ed Secretary DeVos Accused Obama Admin of “weaponizing” Office of Civil Rights in Title IX Policy Change Announcement

“Due process is the foundation of any system of justice that seeks a fair outcome. Due process either protects everyone, or it protects no one”

Early Thursday afternoon, Education Secretary Betsy DeVos will make an announcement regarding changes to Title IX enforcement.


DeVos mentioned the importance of due process and indicated a commitment to the rights of victims. From the WaEX:

“For too long, rather than engage the public on controversial issues, the department’s Office for Civil Rights has issued letters from the desks of unelected and unaccountable political appointees,” DeVos said in her prepared remarks, referring to the Obama administration’s decision to issue significant directives more than once in the form of “dear colleague” letters from the Education Department.

“The era of ‘rule by letter’ is over,” she declared.

The secretary referred to “acts of sexual misconduct” as “acts of cowardice and personal weakness, often thinly disguised as strength and power.”

“One assault is one too many. One aggressive act of harassment is one too many,” DeVos remarked, continuing to add, “[o]ne person denied due process is one too many,” in a critical nod to students who struggled to receive fair hearings from their schools under the previous approach.

Due process was a key focus of the secretary’s address. Obama-era guidelines laid out in a 2011 “dear colleague” letter guided schools to adopt a “preponderance of evidence” standard when adjudicating the guilt of an accused offender.

“Due process is the foundation of any system of justice that seeks a fair outcome. Due process either protects everyone, or it protects no one,” DeVos said. “The notion that a school must diminish due process rights to better serve the ‘victim’ only creates more victims.”

The secretary slammed the Obama administration for “[weaponizing]” the department’s Office of Civil Rights. Through “intimidation and coercion,” DeVos argued, her predecessors “pushed schools to overreach.”

“Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined. These are non-negotiable principles,” she emphasized.

DeVos argued the previous system disadvantaged both survivors and students battling false allegations. “Survivors aren’t well-served when they are re-traumatized with appeal after appeal because the failed system failed the accused. And no student should be forced to sue their way to due process,” she noted.

Though DeVos stopped short of explicitly saying the policies outlined in the Obama administration’s contested 2011 letter were rescinded, she announced the department was launching “a notice-and-comment process to incorporate the insights of all parties in developing a better way,” ushering in a new era for higher education.

Title IX has become the scourge of many college campuses and has effectively destroyed due process for students, especially those accused of sexual assault. Under Title IX, colleges have created their own justice systems wherein the accused are often punished or scorned simply because they’ve been accused, regardless of whether the accusations prove true (an issue we’ve covered at length here at Legal Insurrection).

What began as a means to protect campus goers from sexual assault has deteriorated into a complete misunderstanding of the term. Now, if a young woman willingly engages in a sexual act while drunk or high and later regrets that decision, they are able to and often do allege the other party has committed sexual assault.

Current Title IX enforcement has allowed the propagation of this sort of story, which we’ve heard countless times in various venues with little variation and all at the cost of the other party who believed they were engaging in a consensual act.

Worse still, in most of these cases where law enforcement is brought in, no charges are filed, but the accused is later punished by campus authorities.

The Atlantic has a great piece about this which I would encourage checking out for more detailed context.

Follow Kemberlee on Twitter @kemberleekaye


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An end to class diversity schemes, including: color diversity (i.e. racism) and sex diversity (i.e. sexism), and perhaps other Pro-Choice policies from the twilight fringe (a.k.a. penumbra) that presume guilt by association, inheritance, and opportunity?

Positive progress.

    YellowSnake in reply to n.n. | September 7, 2017 at 1:19 pm

    Not that your post is remotely relevant, but women will continue to get abortions no matter what you do or say. All you can do is make some of them miserable – like you.

      That’s true. Unlike one-child, selective-child is a progressive psychopathy that afflicts a large minority who have been indoctrinated under the State-established Pro-Choice Church headed by the Democratic Party and its clinical wing: Planned Parenthood et al.

      I’m not miserable, just disappointed. Never… again and again and again.

      You do recognize the irony in your criticism, right?

      The injection of Christianity addressed the native American and African practices of ritual human sacrifice and slavery, eventually. The confrontation of racism and other forms of classisms in Germany’s National Socialist Party exposed the gas chambers and ended the practice of “color” discrimination. Just because those practices have resumed under the new labels of redistributive change, Pro-Choice/abortion (i.e. abortion chambers, clinical cannibalism), and diversity (e.g. color), doesn’t mean that they will not be similarly confronted by the People and our Posterity, again. There is hope for positive change, albeit an effort forevermore.

        YellowSnake in reply to n.n. | September 7, 2017 at 3:50 pm

        Christianity has zero moral lessons to teach me. Eventually, a minority of christians and others ended chattel slavery in this country. But the most segregated hour in America is the hour that Americans go to church.

        As for the rest, I am satisfied that the only thing you can accomplish is to make lives miserable for poor and/or young women in deeply red states. The rest will control their own bodies and there is nothing you can do about it.

        If you at least supported contraception, you would find allies. But your claims that sex is strictly for procreation was never accepted by most human beings. Just the other night a friend, who is an 85 year old Polish woman, told me that in her church many of the pubescent girls (including her) were molested by a priest; and the archbishop wouldn’t do a thing about it. Her mother told her it was OK to stop going to church.

        Didn’t the priest fear god or is god a child molester, too?

          “Eventually, a minority of [C]hristians and others ended chattel slavery in this country.”

          Yeah, they were called “Republicans.”

          YellowSnake in reply to YellowSnake. | September 7, 2017 at 11:23 pm

          Yeah, they were called “Republicans.”

          That is worthy of Lewis Carroll Through the Looking Glass. Did it take you long to come up with that bon mot? Are you proud of your complete and utter intellectual dishonesty?

          Don’t waste your talents. Go suppress some citizen’s votes in the name of ‘voter fraud’.

2nd Ammendment Mother | September 7, 2017 at 12:51 pm

IMHO, it’s a law enforcement matter and should be handled by the local authorities and meet the legal standards for reporting and prosecution.

    ^^^This, This, and This again!

    Paul In Sweden in reply to 2nd Ammendment Mother. | September 7, 2017 at 6:49 pm

    Universities and their administrators need to be held accountable for their Civil Rights violations. Once administrators, board members and professors at University are prosecuted, sentenced to prison and fined for their gross civil rights violations reality will set it and rule of law can be restored.

Now, if a young woman willingly engages in a sexual act while drunk or high and later regrets that decision, they are able to and often do allege the other party has committed sexual assault.

I am not claiming that there are not abuses of the process. Of course there are. But the statement quoted above is absolutely, unequivocally, dead wrong. The woman needs to be so drunk that she cannot give consent. Are you seriously claiming that you can’t tell when someone has had too much?

As for Betsy DeVos, she is, by far, the most clueless member of a clueless administration. Her only qualification is inheriting and marrying money. When she was done in Michigan, the schools (including the charters) went from middle of the pack to the bottom. 80% of the charters are for profit. People are making money out of destroying the schools and she is the cheerleader!. You want to drain the swamp – she is the swamp.

    Shorter YellowSnake: The Scottsboro Boys deserved to be lynched.

    His accusation only standard matches the Klan’s perfectly.

      YellowSnake in reply to SDN. | September 7, 2017 at 1:58 pm

      One day we will put up a statue of them looking down on some loser confederate general.

        “One day we will put up a statue of them looking down on some loser confederate general.”

        It will have to be in a red state, because all the statues in blue states will have been torn down by progressive goons.
        By the way, when are you going to tear down that retarded “brave girl” statue on Wall Street? I find it racist, sexist, Islamophobic, etc.

          YellowSnake in reply to Matt_SE. | September 7, 2017 at 11:38 pm

          Actually, it is meant to be ironic. Why don’t you have someone explain the concept to you.

          Nice try kettle. Down deep where it counts, you are kindred spirits with the Taliban and ISIS. You all believe in something fake; based on faith, revelation and authority.

    Gremlin1974 in reply to YellowSnake. | September 7, 2017 at 1:51 pm

    You of course have suitable evidence and sources for your accusations? Oh, that’s right…it’s you.

      YellowSnake in reply to Gremlin1974. | September 7, 2017 at 3:31 pm

      For the purposes of this article I have presented as much evidence as the article presented. If a woman is incapacitated, she cannot give consent. That is a criminal offense. It can also be an institutional offense. Anyone choosing to associate with that institution has to abide by its rules. Some schools, including all the military academies, have an honor code. Do you wish to claim that taking advantage of woman who is drunk to the state of incapacity is honorable?

      As for the DeVos accusations, I have heard and read materials to back up my claims. You can find the test scores and the fact that the charter school were also failing. You can also look up the percentage that are for profit. I doubt you will, because you don’t want to have your beliefs challenged. I would do it for you, but it would be a waste of my time. If you cared, you would already be wondering about a woman who looks and acts clueless. She bases her decisions on her faith. Her faith is fine for her, but it doesn’t feed the bull dog.

      Here’s something if you want a taste: Betsy DeVos portrayed on This Amerian Life

        Gremlin1974 in reply to YellowSnake. | September 7, 2017 at 5:40 pm

        “For the purposes of this article I have presented as much evidence as the article presented.”

        In other words, as usual, no you don’t. Thanks for admitting it.

        Oh, and before you whine that I didn’t read your whole response, I actually did. I found it to be the name malicious ad hominem that I am used to seeing from you.

          YellowSnake in reply to Gremlin1974. | September 7, 2017 at 6:15 pm

          Title IX has become the scourge of many college campuses and has effectively destroyed due process for students, especially those accused of sexual assault.

          Where is the evidence for this? The author invites you to read an Atlantic piece. I invite you to listen to a segment for This American Life. Betsy DeVos portrayed on This American Life What the difference?

          As for ad hominem attacks, I receive them much more often then I give them. I will contact you whenever I get one.

          Oh, and before you whine that I didn’t read your whole response, I actually did.

          You listened to the Link? You didn’t. I’ll bet you didn’t read the Atlantic article – tell me you did.

    Valerie in reply to YellowSnake. | September 7, 2017 at 2:44 pm

    Ad hominem attacks only work if the original statement is ignored or unavailable. This is the context for the DeVos statement. This is what our ShareBlue trolls do not want us to know.

    The Uncomfortable truth about campus rape policy

    Notice that this article is current, on point, from a hysterically anti-Trump source. The simple truth is that our college system is not set up to, nor is it competent to, deal with felony crimes. Furthermore, people of good will across the political spectrum know it.

      YellowSnake in reply to Valerie. | September 7, 2017 at 5:03 pm

      I will stipulate that the Atlantic article is everything you say. I bookmarked it and I will read it. Not to be overly cynical, but do you believe anything else written in the Atlantic? They are pretty rough on Trumpie.

      I agree with the due process argument to a point. There is no question that there have been egregious acts of injustice. The Duke lacrosse team was an example. That was handled by the law. I guess you could say they got due process. I think they would say otherwise.

      The legal concept of ‘in loco parentis’ seems rather quaint in today’s world. But universities do have a duty to protect those who come there to study. One could easily make the case that a girl/woman who gets blind drunk is hardly fulfilling the reason her parents sent her away to school. But her stupidity does not justify a sex act without consent.

      Besides the university could expel you for copying homework. Someone once copied off me on a test of me without my knowledge. We both were called into the dean. The instructor told the dean that he didn’t think I helped the guy. He recognized the work to be mine. There was no due process. But the other guy flunked the class. They could have flunked me, too.

      I once brought my sailboat into strange boatyard to have some work done. I had an outboard motor for my dinghy attached to the stern rail. I didn’t chain it up. It was never chained up at my club. It was stolen. I mentioned it to the guy doing the work on my boat and he said: Yeah, I noticed. I can’t believe you didn’t chain it up.. Who is most culpable? The mechanic for not warning me? Me, for being naive? The thief?

      Trump was insulted at the WH Correspondents Dinner by Obama. Now it seems that Trump is determined to throw the baby out with the bath water. He wants to wipe Obama from US history. Betsy DeVos is a perfect tool.

      Believe me, there will come a time when Trump gets wiped out, too. This is hardly the end unless the North Koreans decide otherwise.

        Gremlin1974 in reply to YellowSnake. | September 7, 2017 at 5:43 pm

        Oh, so now it’s not about people’s rights being violated, it’s somehow about Trumps hatred of Obama. You my friend need to seek help before you become a danger to yourself or someone else.

          YellowSnake in reply to Gremlin1974. | September 7, 2017 at 6:34 pm

          Yes, yes I need to seek help. Did you get help for Obama derangement syndrome? Did Trump get help after he lied about sending investigators to Hawaii to ferret out the ‘truth’ of Obama’s birth? Did he find anything? Did he shut up? Did he criticize Obama’s golf playing?

          C-SPAN: President Obama at the 2011 White House Correspondents’ Dinner Believe me I am far from happy that because Obama made mince-meat of Trump, we are stuck with an incompetent, narcissistic grifter. Others ridiculed him, too. Unfortunately he wasn’t satisfied with tweeting.

          Believe me, many of us regret laughing at Trump. If I ever meet him in person, I will be sure to compliment his comb-over and ask him if he has lost a little weight.

          You know I heard that Trump started buying golf courses because he couldn’t get membership in top level clubs – Nope, no attribution. Just wondering why he isn’t a member of the classiest clubs in Palm Beach or NY. No attribution.

        scaulen in reply to YellowSnake. | September 7, 2017 at 5:51 pm

        Why do you keep making the point about the female being blind drunk or passed out as the only way a woman would file charges? Alcohol affects people differently not all sex is during a black out drunk. And why is it only women? Why wouldn’t men do the same? There are plenty of M/F and M/M relationships that start with a couple of drinks and end with one person feeling guilty and not accepting their responsibility for following their hormones. They try to justify it instead of accepting that it’s human nature and if you get the wrong group around they can be convinced it was rape and not their fault.

          YellowSnake in reply to scaulen. | September 7, 2017 at 6:50 pm

          Obviously, their are an infinite number of possibilities. I thought a particularly egregious example would make the point. When I write a book I will include all of the cases and you can be my editor. Don’t quit your day job.

          I see you ignored the case of the copied homework. There was no due process in that situation. I was simply called into the dean’s office. The instructor believed that my work was original and that I had not given it to the other student. But had the instructor not known the quality of my work, I could have suffered. You are only entitled to due process in a government action. You kinda skipped that one.

          I applaud you tolerance for M/M & F/F cases and all the other possibilities; although the power dynamic of M/F is usually most extreme. But it seems you made a case for beefing up the kangaroo courts, not shutting them down.

          Gremlin1974 in reply to scaulen. | September 8, 2017 at 6:50 pm


          I think he ignored it because it is a stupid argument, but I will give it a go Rape is a Felony and should be investigated as one, which btw is the real point here. Copied homework is a sign that you aren’t mature enough for college, but doesn’t deserve due process because you can’t go to jail for copying homework..

          Or are you saying that copying homework is just as bad a rape?

        When you argue with a fool, you then have two fools arguing.

        Today we have five – including the original fool.

        scaulen in reply to YellowSnake. | September 8, 2017 at 9:12 am

        Every other example you use is about personal responsibility except for alcohol. It seems that at least for you once alcohol is thrown in then personal responsibility is thrown out. The decision that alcohol is the deciding factor in college rapes is a red herring. Yes I’m sure that some people take advantage of a trashed person but it’s been made all to easy for students to file rape charges because of their lack of control. They have a system in place that automatically assumes when alcohol is involved then it’s non consensual. Which leads to the statements of they must have been trashed and taken advantage of. It’s an easy out for someone that regrets having a one nighter.

        The reason I ignored everything else you wrote is that your main argument revolved around alcohol. Sooo lets get to the others then

        As to your homework yes you got called in and yes you could have been flunked out but guess what. Common sense was used in deciding who was guilty. If you both had been flunked out you had recourse, you could have worked your way up the food chain of college life and gotten a reversal.

        As for the boat, common sense once again. Secure your shit.

        In all the other cases common sense and or investigation. But rape accusations, witch hunt, find evidence that proves the accuser is correct, overlook personal responsibility. For the investigators alcohol is the golden bullet that solves the case every time.

        Also overlooked is that the majority of the rape cases are M on F, so no M on M, F on F or even F on M rapes are happening? Because all the alcohol is only affecting females who are with males? I’m sure feminist agendas don’t play into any of it either? Well I’ve got to get back to my day job.

        Remember citizens, personal responsibility is everyone’s responsibility.

          YellowSnake in reply to scaulen. | September 8, 2017 at 12:13 pm

          1st of all, I want to thank you for your thoughtful response.

          It is true that alcohol is different. Had the woman been driving, we would, rightly, show her little or no mercy. But I think a cad is still a cad; even as I hope for equal rights. Is being a cad a reason for expelling someone? I don’t know. Aren’t their religious themed colleges where consensual kissing can get you expelled? It seems that a college can set its ground rules.

          I think you were a bit cavalier with your position on the cheating. I knew the guy and it could easily have been construed that I collaborated with him. Could I have appealed an unjust decision? I don’t know what evidence I had. The guy had even copied stuff I put in the margins as memory aids!

          I take offense a your lack of sympathy for the theft. 🙂 I did learn my lesson. But I paid the mechanic $8500 for a new diesel. He could have picked up the phone or a least not put his foot in his mouth after the fact.

          The other thing that we might agree on is that this issue has been a pendulum that may have swung too far in one one direction. I have heard my share of stories of women, new to college, who experienced a male (let me stick to m/f for this point) barging into their room, uninvited, and abusing or raping her. A few years ago when this controversy started, some of those women received no justice and actually continued to see their attacker in the dorm or in the classroom. Some of those women quit or transferred.

          I guess it could be argued that the solution is always calling the police. But, until recently the police did not necessarily put a high priority on acquaintance rape. It seems to me that if there is significant evidence, the college needs to get rid of a predator. It also needs to be public or the predator just moves to the next college.

          scaulen in reply to scaulen. | September 8, 2017 at 3:50 pm

          I like open debate, it’s what I used to love about America.

          Yes any type of impairment in a vehicle and they would be crucified for their willing disregard. These kids have been taught the evils of drugs and alcohol through DARE and MAD but then they turn around and plead innocence when it comes to intimate relationships… So blaming alcohol or drugs unless the person is passed out is an attempted dodge of personal responsibility.

          I’m not sure about and religious colleges that forbid kissing, technically any college could make that one of their bylaws. Actually doesn’t sound like a bad idea, might cut back on all the drunken debauchery that goes on at these so called institutes of learning. Animal House was a real eye opener as to what goes on at college.

          Honestly when I lose or get something stolen I’m looking for a way to keep it from happening again. I do the same thing with my kids, use it as a teaching moment. When it comes to theft it’s almost always “secure your shit” and how secure you make it depends on how valuable you feel it is. I was always taught that it’s your fault for stolen or “missing” gear, you allowed the other person to take it as it obviously wasn’t secure enough. So I guess I gave you the TL;DR reply on stolen gear earlier, my bad.

          Yes everything is like a pendulum and over time it should settle to the center. I have a feeling though the pendulum will never settle as forcing it to continue to swing like a metronome is a guaranteed money maker for certain groups on both sides.

          True there will always be cads, and all it takes is for people to look the other way, not want to get involved and bad things happen. A generation turned into sheep who are too afraid to step in and simply ask if someone needs to be walked home.
          The big push on “Date rape” did help to get the police more involved. So I don’t understand why title IX would be pushed to do the exact opposite on colleges. Was it to help colleges protect their brand and keep the money coming in. So much money in the education business and a great place for political friends to retire to.

          Maybe a bit cavalier on the cheating but only a real douche of a professor would just flunk out both parties. Just as easy to sit you both down and have you explain your answers. The one who actually did the work will be apparent.

buckeyeminuteman | September 7, 2017 at 1:18 pm

Can we just get rid of Title IX and the entire Dept of Education while we’re at it??

Rape is a crime of violence, not sex.

But a young woman’s ‘walk of shame, morning after regrets’ is not a crime, yet under Title IX, can be used as a weapon in these college kangaroo courts to destroy a young man’s life.

Modern education claims to champion feminism and the strong, liberated women.

But these college kangaroo courts undermine feminism’s very foundation of liberation by providing a safe space for these women where they can receive the patriarchal protection of the college against ‘toxic masculinity,’ and thereby not be responsible for their own bad decisions regarding their fornication.

They are girls under Daddy’s protection, in essence. How condescending and hypocritical.

BRAVO to Secretary DeVoss for reversing this unjust perversion of Title IX! At ease, men.

    “Rape is a crime of violence, not sex.” Unless it doesn’t involve violence (or credible threat of violence), of course. But a sexual crime is still sexual as well as a crime.

    In any case, little of what these Kampus Kourts are adjudicating involves violence. Mostly it’s about two students getting drunk and having sex, and thus revolves around questions of consent and the interpretation of whether alleged verbal and/or non-verbal actions constituted consent, or the withdrawal of consent.

    When one hears the word “rape” one thinks of a woman grabbed, flung down, and physically overpowered. or perhaps awakening to a knife or gun at her throat.

    BUT that sort of scenario constitutes little if any of what Title IX enforcement on campus is adjudicating.

      notamemberofanyorganizedpolicital in reply to Albigensian. | September 7, 2017 at 5:56 pm

      Didn’t the Demcrat/Communist/Leftist/Regressives plagiarize that right out of George Orwell’s 1984?

    Rape is a crime of violence, not sex.

    No, it isn’t. It’s feminist propaganda. If it were true then you would expect ugly women to be at the same risk as pretty ones, and 70-year-olds at the same risk as 17-year-olds. But everyone knows that they aren’t. Rapists preferentially choose women they find attractive. Therefore they are usually motivated by sex rather than power or violence.

    To see just how silly it is, consider the exactly equivalent proposition that robbery is a crime of violence, not avarice. That is trivially refuted by noting that robbers preferentially target people who appear to have money. As Sutton said, he robbed banks because that’s where the money is.

Does this mean some sort of federal sanctions against colleges and universities that deny due process?

    notamemberofanyorganizedpolicital in reply to maxmillion. | September 7, 2017 at 5:54 pm

    I sure hope so.

    Total confiscation of 100% of all their assets and funds comes to mind as a fitting punishment methinks…… BIG SMILE

    Paul In Sweden in reply to maxmillion. | September 7, 2017 at 8:25 pm

    How about obstruction charges against Universities on top of Civil Rights Violations charges?

Getting colleges to adapt the former due-process-denying rules was as easy as rolling a rock downhill. It’s not as if the Title IX apparat was not already fully invested in “1 in 5” and “women never lie about that” dogma and. For when your already convinced that accusers never lie, due process just gets in the way.

Getting colleges (and especially their apparat of Title IX administrators) to respect due process rights for all is going be a whole lot tougher.

    Gremlin1974 in reply to Albigensian. | September 7, 2017 at 5:48 pm

    The answer is simple and should be obvious to anyone with an IQ above room temperature..Colleges and Universities should not be handling accusations of criminal sexual assault period, they should be referred to the local police, not the “university police” because that is still just having the University handle the case since no University officer that wants to keep his job is going to buck the will of the administration.

      The only reason they do is to further the Orwellian goals of the lunatics infesting these schools.

      scaulen in reply to Gremlin1974. | September 8, 2017 at 9:26 am

      Having the local police investigate on campus matters is bad for the universities bottom line. The use of campus police allows them to keep it off the police blotter showing how safe it is on their campus. It’s all about the money, just about everything is.

Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.

Notice the wording there? Does she really mean “survivor”, or does she mean “accuser”? It sure sounds to me like she means “accuser”, which means even she doesn’t get it. Accusers should not be assumed to be survivors, just because they say so; they may be survivors (or let’s just use the correct word, victims), but they may also be liars and slanderers who should not be taken seriously at all. It all depends on the evidence.

    scaulen in reply to Milhouse. | September 8, 2017 at 9:17 am

    “Notice the wording there? Does she really mean “survivor”, or does she mean “accuser”? It sure sounds to me like she means “accuser”, ”

    No she’s saying that the rule of law will apply. Take the victim seriously, but also understand the accused is innocent until proven guilty.

      Milhouse in reply to scaulen. | September 8, 2017 at 6:14 pm

      You’re doing it too. Until the accused is convicted there is no victim, there is only an accuser, who should not be taken more seriously than the accused. Calling the accuser a victim, or a survivor, and saying she should be taken seriously, means you’ve prejudged the case and all your talk of due process is merely going through the motions.

A must read on campus due process and a successful lawsuit against it.