K.C. JOHNSON: A SHAMELESS TITLE IX BUREAUCRAT POSES AS A CHAMPION OF DUE PROCESS.
During her nearly four years running Barack Obama’s Office for Civil Rights (OCR), Catherine Lhamon was nothing if not consistent. She sought to use the power of her office—chiefly by threatening to withhold federal funds—to force colleges and universities to change their campus sexual assault policies. Every substantive change demanded by the Obama administration made it more likely an accused student would be found guilty.
So it’s been rather startling in recent days to see Lhamon claim that defending the fair treatment of accused students was a cardinal principle of her OCR tenure. On February 17, she tweeted, “The OCR I led insisted on a rigidly fair process for all parties involved in sexual violence investigations. Resolution agreements demonstrate that, notwithstanding baseless claims to the contrary. Fairness to all involved is essential to justice.”
Justice Ruth Bader Ginsburg’s comments that she agreed with some of the complaints about the unfairness of Title IX tribunals prompted Lhamon to tweet, “I agree. That’s one among many reasons why we need aggressive federal enforcement of law to ensure fair process to all parties.” As proof, she cited two (Wesley and Minot State) of the scores of resolution letters issued by OCR during her time in office, but no policy document from OCR.
We live in an era of political shamelessness. But Catherine Lhamon positioning herself as someone who demanded fair treatment of accused students is nonetheless remarkable.
Lhamon ran a gender-based inquisition against male students. She should be charged with human rights violations, not celebrated.