Dept. of Education Responds to Calls to Repeal Directive

Sept. 22, 2012

This past week SAVE issued an Elert asking persons to contact Secretary of Education Arne Duncan requesting him to repeal the DED Sexual Assault Directive. This was the standard reply:

Mr. xxxxx:

Thank you for your email regarding the Dear Colleague letter (DCL) issued by the Department of Education’s Office for Civil Rights (OCR) on April 4, 2011. OCR shares your commitment to due process. We have always maintained that the civil rights laws must be interpreted in ways that are consistent with constitutionally protected due-process rights, and the DCL does not suggest otherwise.

Procedures that ensure the Title IX rights of the complainant, while at the same time according due process to both parties involved, will lead to sound and supportable decisions. It is important to note that school proceedings are different from criminal proceedings. The Supreme Court has made clear that the standards for criminal law need not apply to student conduct codes. The nature and proceedings of the campus process are not required to conform to criminal law, which are designed for circumstances and ends unrelated to the academic community.
I hope this information is helpful. Thank you for contacting us.


Arthur R. Goldman
OCR Customer Service Team Leader