But due process appears to be making a comeback. By K.C. Johnson’s count as of Sepember 8, 59 accused students had received at least partially favorable rulings from judges after they sued their schools for gender-bias and denying due process. I believe this count is now over 60.
Some of these judges decried schools shifting the burden of proof onto accused students, some stated cross-examination was essential, others noted the potential ramifications for expelled students that activists seem to ignore, and others simply said the campus kangaroo courts were “unfair.” These are just four examples of due process wins for students, but there are dozens more.
Those are just the judicial wins. Accused students have been racking up settlements with their universities for years, with a seeming uptick in 2017. Some of the settlements came from high-profile cases, like Columbia University settling with the man accused by “Mattress Girl.”
With court wins in the background, DeVos rescinded the Obama-era guidance that led to this chaos and denial of civil rights for accused students. She promised to create guidance using the proper notice-and-comment period that Obama’s education department had ignored. She promised to hear from all parties with related interests, including victims and self-described victims, accused students, lawyers, schools, and others. The system she hopes to create will benefit both accusers and the accused, neither of whom are being served well now.