Due process is essential to assure that decisions of “innocence” or “guilt” are accurate and reliable. Due process protections include timely notification of allegations, an impartial investigation, fair hearing, the right to appeal, and the presumption of innocence.

Beginning around 2010, campus activists began to push dubious claims about “rape culture” and “one-in-five.” These claims gave rise to a moral panic that justified the 2011 Dear Colleague Letter on Sexual Violence. The policy led to the broad revocation of due process protections on college campuses — hence the term, “Kangaroo Courts.”

This moral panic began to fade in 2020 when the new Title IX regulation went into effect. But in June 2022, the Biden released a draft regulation that endangered many of the due process protections of the 2020 policy.