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Biden Ed Dept. Nominee: Trump-Era Protections of Due Process Allow Students to ‘Rape With Impunity’

Biden Ed Dept. Nominee: Trump-Era Protections of Due Process Allow Students to ‘Rape With Impunity’

“I think what I said in the tweet, the regulation permits students to rape and sexually harass with impunity. I think that the regulation has weakened the intent of Title IX that Congress wrote.”

We haven’t heard much about campus “rape culture” ever since the idea of abolishing the police became trendy in higher education, but Biden’s pick to lead civil rights at the Department of Education is bringing it back.

Under Trump, Betsy DeVos fought to uphold the concept of due process on campus. Now Catherine Lhamon wants to reverse that.

Kelly Laco reports at FOX News:

Biden nominee claims Trump-era Title IX regs protecting due process allow students to ‘rape with impunity’

President Biden’s pick to head the civil rights division under the Department of Education (DOE) testified Tuesday that she would uphold a Trump-era Title IX regulation even though she claimed it lets students “rape and sexually harass students with impunity.”

Title IX is the 1972 law barring discrimination based on sex in education and has been the center of heated debate over penalties for students accused of sexual misconduct at universities across the U.S.

During Catherine Lhamon’s Senate confirmation hearing Tuesday, Sen. Bill Cassidy, R-La., questioned her about a previous statement in which she criticized Title IX regulations implemented by former President Trump’s Education Secretary Betsy DeVos.

Lhamon defended a May 2020 tweet, claiming that the Trump-era Title IX regulations allow students to “rape and sexually harass students with impunity.”

Here’s Lhamon’s 2020 tweet:

Kelly Laco goes on to describe how Lhamon responded when pressed on this:

Sen. Cassidy asked Lhamon during the hearing about her tweet: “Do you think as if the law, the way it is implemented, that it has given the right to rape and sexually harass with impunity?”

Lahmon doubled down on her previous statement answering, “I think what I said in the tweet, the regulation permits students to rape and sexually harass with impunity. I think that the regulation has weakened the intent of Title IX that Congress wrote.”

Is it a good idea to put someone who believes students will “rape with impunity” in charge of civil rights in education? Lhamon is a radical.

In June, R. Shep Melnick, a professor of politics, and Peter H. Schuck, a professor of law, wrote the following for Real Clear Education:

Biden’s Troubling Nominee to Head the Office of Civil Rights

President Biden’s nomination of Catherine Lhamon to head the Education Department’s Office for Civil Rights (OCR) tests how effectively the Senate will oversee the same influential federal agency that Lhamon led during the Obama administration. Then, she adopted sweeping, legally dubious, widely-criticized interpretations of civil rights laws on three controversial issues: sexual harassment, transgender rights, and school discipline. Here, as with dozens of other “guidance” documents, she refused to engage in the public consultation required by the Administrative Procedure Act of 1946 (APA), a process that might well have prevented the legal and political fiascos that followed.

First, invoking Title IX, a 1972 law banning sex discrimination in federally-funded educational institutions, she redefined sexual harassment so broadly and with so few procedural rights for the accused that protests and lawsuits erupted from all sides of the political spectrum. She pressured schools to inflate their Title IX bureaucracies and adopt a “single investigator” model in which one person appointed by the school’s Title IX office collects evidence and determines guilt or innocence—with no hearing, no cross-examination of witnesses, and limited right to appeal. The ACLU denounced these truncated procedures, and scores of defendants—often supported by prominent legal experts, feminists, and civil libertarians—persuaded federal courts to reject them.

Read the whole thing.

Also, in June, writers Justin Dillon and Stuart Taylor Jr. published this op-ed in USA Today:

Ending due process: Reinstating Catherine Lhamon at the Dept. of Education is a mistake

It is now so common in Washington to oppose even a president’s lower-level nominees that no one takes such opposition seriously anymore. It’s just more partisan background noise. The problem with crying “wolf,” of course, is that when the wolf finally comes, no one listens.

Now, however, the wolf is at the door. Her name isCatherine Lhamon, and she is being nominated to retake her old job – head of the Education Department’s Office for Civil Rights (OCR).She played a major role during the Obama administration in ruining the educations and often the lives of countless students – almost all of them male – who were found guilty of sexual assault under flagrantly unfair, effectively guilt-presuming rules dictated by her office. Her commands also pressured universities to ignore or discount powerful evidence of innocence.

So this time around, Congress needs to heed the cry.

The Trump administration gave America a reprieve from campus kangaroo courts.

Does anyone really want to go back to that?


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Due process is a major obstacle in the Democrats’ pursue of absolute power.

Antifundamentalist | July 15, 2021 at 11:13 am

You mean I’m supposed to be allowed to make false accusations against other people, for reasons of my own, and as long as my class is more protected than theirs, I can ruin their lives with impunity? Is that what we are aiming for?

Someone who opposes due process would have happily operated Auschwitz.

Why would Democrats send their daughter to rape schools? Sounds very bad to me.

Lhamon has NOTHING to fear.

Democrats do what they accuse others of doing. Think Hunter Biden, Joe Biden, Epstein, Clinton, women and children crossing the border…

I wonder if this POS got a good price for her soul?

As a certified old fart (late ’70’s, white hetero male, redneck with a hard science PhD), I have two comments:

1) Keep it up. Lhamon has no idea how repugnant her ideas/policies are to the (fading) majority of normal, decent people. If she and others continue this crxp, she MIGHT wake up the normals enough to cause an overthrow. 2022, 2024 will get here. Lady, you are a fish doesn’t realize she is wet. I think our only hope is the sensible people come to realize how deadly this stuff is and wake up.

2) I shudder at the thought of being a young male in today’s world. Say the wrong word and your life is ruined. You are guilty until proven innocent. No wonder we have a dearth of family formation.

    TX-rifraph in reply to lichau. | July 15, 2021 at 11:44 am

    This hurts women also. Good luck finding a decent, intelligent husband and father for your children as many are either in jail for some accusation or they are hiding

    Ben Kent in reply to lichau. | July 15, 2021 at 11:55 am

    Progressives seem to be a war with white people and especially males.
    >> They need some kind of therapy to get over it.
    Idea = Vote them out of office to give them time to seek the help they need.

    henrybowman in reply to lichau. | July 15, 2021 at 7:40 pm

    Used to be a guy who secretly video-recorded his sexual encounters was a kinky perv.
    Now, he’s just prudently preserving defense evidence.

    “Lhamon is a radical.”

    Lhamon is a Biden appointee. This is what mathematicians call “proof by inspection.”
    No journalism required.

Any odds on the RINO’s confirming her? I put it as a near certainty.

We are in a war and only one side is fighting. (Dennis Prager, more or less)

The d/progressive can’t help but pull back the curtain even further. Midterm blowout coming. IMO potentially as big as ’94.

Register and vote.

    Ben Kent in reply to CommoChief. | July 15, 2021 at 12:00 pm

    At this rate, it will be much bigger than ’94. I live in a Dem controlled state and people around me are not happy at all the bullshit. The curtain has been pulled back to reveal a wizard that is senile with an anti-America agenda.

    This is epic – comic book villain level of evil mastermind – absent the mind.

    henrybowman in reply to CommoChief. | July 15, 2021 at 7:42 pm

    From the guy who predicted a Trump landslide in 2020 (me), I will withhold predictions.

Sorry! can’t agree.
“Is it a good idea to put someone who believes students will “rape with impunity” in charge of civil rights in education? Lhamon is a radical.”
Catherine Lhamon is not a radical, she’s a decerebrate.

2smartforlibs | July 15, 2021 at 11:51 am

BUYden era policies lets liar accuse with impunity.

College has become an overtly hostile environment for white males. And then, when young men choose to opt out, they’re labeled “incels.”

    henrybowman in reply to maxmillion. | July 15, 2021 at 7:52 pm

    Which is a perversion of the term, since the “in” in “incel” stands for “involuntary.”
    I was offended by this talking point recently in the most recent (final) season of “Bosch.” Like here, the term is used as if there is some sort of supremacist membership card you have to send in for, when the term actually means nothing more than “can’t get laid,” which (when it comes to assigning blame for this condition) is a complete toss-up. And we’re not just talking people like the Elephant Man… Brett Kavanaugh was an incel most of his life, and still there is no shortage of women who send marriage proposals to serial killers.

    AnAdultInDiapers in reply to maxmillion. | July 16, 2021 at 4:07 pm

    The irony of course escapes them that almost no man is involuntarily celibate. They choose not to have sex by choosing against raping unwilling women.

    Not that this even helps much, the lack of due process means many young men will have their education and prospects damaged purely at the whim of a malicious woman, whether they’ve had sex or not.

    We know this is the case, because it’s precisely why so many men took legal action.

The trades are not a bad option for young white males

    Paddy M in reply to r2468. | July 15, 2021 at 12:20 pm

    Indeed. A lot of tradesmen are starting to retire which makes the demand even higher, since there’s already a shortage due to the “ya gotta go to college to earn a living” myth. My old neighbor’s kid went into a trade after high school 5 years ago. If he stuck with it, he’s probably doing well for a 23 year old.

      Ironclaw in reply to Paddy M. | July 15, 2021 at 7:20 pm

      My nephew went to tech school for a year and a half for turbo diesel repair. At 20 he makes more than I do now.

      henrybowman in reply to Paddy M. | July 15, 2021 at 8:09 pm

      My wife’s next-door neighbor and school chum growing up was the daughter of a plumber. Her younger brother was adamant that he would “never grow up and take a job cleaning other people’s s*.” He now owns the business, employs nine, and has a McMansion on Mount Hope Bay.

      The older I get, the more convinced I become that success is not determined so much by your education or credentials, but simply by the answer to the question, “are you or are you not a flake?” (And yes, sometimes that is reflected by your choice of careers.)

Structure channels feelings; feelings overflow structure. You can’t do both at once. Men go for structure (“due process”) women for feelings (“sexual harassment”).

The stability of a large system depends on structure; the efficient management of a household depends on feelings.

Mostly you don’t want women in charge of large systems, or men in charge of small social units.

She’s on the feelings over everything side.

stevewhitemd | July 15, 2021 at 12:37 pm

Recall that Ms. Lhamon was also involved in the University of Virginia phony rape case that was featured in Rolling Stone. She was never held accountable for that, either.

Jack Klompus | July 15, 2021 at 12:52 pm

What garbage pit does this administration forage to find these bottom feeding, mediocre shrews to fill posts?

nordic_prince | July 15, 2021 at 4:28 pm

When has it EVER been “permissable to rape with impunity”?

Here’s my question for Ms Lhamon: You say that the current regulation, giving students accused in internal college proceedings due process rights similar to those that everyone gets in the criminal justice system, “permits students to rape and sexually harass with impunity”. Doesn’t it follow that you think anyone who is not a student is already permitted to rape and sexually harass with impunity?

    CommoChief in reply to Milhouse. | July 16, 2021 at 2:29 pm


    Astute observation.

    She seems to be arguing that the University kangaroo CT is the proper venue not our Judicial system with it’s pesky details like evidence, cross examination, representation, ECT.

    The d/progressive are arguing for the maintenance of an alternative system with complete jurisdiction over students, almost like the ecclesiastical courts jealously guarded even those in minor orders, like Readers, from temporal courts.

    MajorWood in reply to Milhouse. | July 17, 2021 at 12:47 pm

    What they want is a system where they can prosecute with impunity. The irony is that this whole plan, just like the “it’s OK to call anyone a racist plan,” is falling apart at Oberlin where you’d think that they’d be the most dug in.

So what it’s saying is that due process of law as guaranteed by the Constitution of the United States is some kind of ticket to commit crimes? That sounds just about stupid enough and morally depraved enough to qualify as the belief of someone who would work for a pedophile like Buyden* the communist traitor.

Meanwhile, Biden Administration policies allow illegal aliens to rape with impunity.

Maxine waters, upon hearing this story: “Why can’t men rap with impunity! This is racist!”

But men can rap with impunity so we’re good.

she is telling you that rapists should be denied due process. Now as far as i am concerned , that alone deserves and arrest, a trial, and an xecution of a traitor.