{"id":610976,"date":"2021-08-04T13:06:48","date_gmt":"2021-08-04T17:06:48","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=610976"},"modified":"2021-08-04T13:06:51","modified_gmt":"2021-08-04T17:06:51","slug":"senate-committee-deadlocks-holds-up-biden-nominee-who-rejects-constitutional-due-process-rights-for-college-students","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/senate-committee-deadlocks-holds-up-biden-nominee-who-rejects-constitutional-due-process-rights-for-college-students\/","title":{"rendered":"Senate Committee Deadlocks, Holds Up Biden Nominee Who Rejects Constitutional Due Process Rights For College Students"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fsenate-committee-deadlocks-holds-up-biden-nominee-who-rejects-constitutional-due-process-rights-for-college-students%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=610976&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><div><img decoding=\"async\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2021\/08\/GettyImages-490924708.jpg?w=1200&amp;h=800&amp;ixlib=react-9.0.3\" class=\"ff-og-image-inserted\" \/><\/div>\n<p>A Senate committee on Tuesday failed to advance a Biden nominee after she proved hostile to the presumption of innocence and due process rights during her hearing.<\/p>\n<p>The Senate Committee on Health, Education, Labor and Pensions (HELP) deadlocked in an 11 to 11 vote on advancing the nomination of Catherine Lhamon to lead the Department of Education\u2019s Office for Civil Rights. The vote fell along party lines, indicating an increase in the number of Republican senators who appear to be concerned about due process rights for college students.<\/p>\n<p>Lhamon\u2019s position would have her oversee the Education Department\u2019s Title IX rules, which prohibit sex-based discrimination. Title IX, the statute passed in 1972 as part of the Education Amendments, has been used in past decades to do the exact opposite of what it is meant to do by discriminating against men. It began with sports. Title IX ushered in an era of women\u2019s sports on college campuses \u2013 a good thing \u2013 but quickly became used as a cudgel against universities. In <a href=\"http:\/\/www.wsj.com\/articles\/how-title-ix-became-a-political-weapon-1433715320\">a landmark lawsuit<\/a> against Brown University decades ago, a court decided that it wasn\u2019t enough for schools to simply provide equal opportunities in sports for men and women. No, any discrepancy in athletics participation was viewed as discriminatory, essentially telling schools that they had to find a way to <a href=\"https:\/\/www.washingtonexaminer.com\/anti-discrimination-law-is-being-used-to-discriminate\">make women interested in sports<\/a> or else be accused of discrimination. Because schools couldn\u2019t do this, they ended up cutting men\u2019s sports to even the score.<\/p>\n<p>From their Title IX eventually evolved to cover sexual misconduct. The theory was that schools weren\u2019t adequately responding to student claims of sexual assault and harassment, and since most of the accusers were women, this was a form of sex discrimination. So the Obama administration ensured that Title IX discriminated against men accused of sexual misconduct, by encouraging schools to disregard due process and find more men responsible and then punish them.<\/p>\n<p>This resulted in hundreds of lawsuits and more than 100 court decisions finding that schools <em>needed<\/em> to provide some basic fairness and due process in their sexual misconduct adjudications.<\/p>\n<p>Lhamon was one of the biggest proponents of rejecting due process and fairness in sexual misconduct claims. She ignored court cases and, along with most Democrats and their media supporters, insisted that such protections for accused students amounted to disbelief of accusers. The idea that someone could be falsely accused was flatly rejected, meaning any process was simply a show before punishment was doled out.<\/p>\n<p>But as I and others have documented extensively, the lawsuits show that the allegations are often deficient to prove guilt or sometimes <a href=\"https:\/\/www.washingtonexaminer.com\/no-such-thing-as-evidence-of-innocence-in-campus-sexual-assault-hearings\">pretty blatantly false<\/a>. Yet still, students have been punished.<\/p>\n<p>During her testimony on July 13, Lhamon <a href=\"https:\/\/www.dailywire.com\/news\/biden-nominee-for-civil-rights-position-rejects-presumption-of-innocence-defends-tweet-claiming-trump-era-regs-allow-students-to-rape-with-impunity\">rejected the presumption of innocence<\/a> and defended past tweets where she claimed Trump-era Title IX regulations that required basic due process would allow students to \u201crape\u201d with \u201cimpunity.\u201d<\/p>\n<p>In May 2020, Lhamon tweeted that then-Education Secretary Betsy DeVos \u201cpresides over taking us back to the bad old days, that predate my birth, when it was permissible to rape and sexually harass students with impunity. Today\u2019s students deserve better, including fair protections consistent with law.\u201d<\/p>\n<p>Lhamon\u2019s tweet was wildly inaccurate, as DeVos\u2019 Department of Education saw the introduction of due process rights for students accused of sexual assault and harassment, something Lhamon worked to dismantle when she worked for the Obama administration. DeVos\u2019 rules did not take \u201cus bad to the bad old days,\u201d they defined sexual assault and harassment and ordered schools to provide accused students an opportunity to defend themselves, contrary to what Lhamon, Democrats, and the media want for students \u2013 which is immediate punishment based solely on an accusation.<\/p>\n<p>Sen. Richard Burr (R-NC) asked Lhamon about this tweet during the hearing. Lhamon defended her tweet. This breaks with another one of Biden\u2019s contentious nominees, Neera Tanden, who, at the very least, tried to distance herself from one of her most inflammatory tweets.<\/p>\n<p>At that same hearing, Lhamon also claimed federal Title IX regulations don\u2019t require accused students to be presumed innocent, but that is exactly what they require. Section 106.45 (b)(1)(iv) of the Education Department\u2019s Title IX rules state:<\/p>\n<blockquote readability=\"6\">\n<p><em>Include a presumption that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the grievance process.<\/em><\/p>\n<\/blockquote>\n<p>While Lhamon\u2019s nomination failed to advance out of the committee, she could still get the position if the full senate votes to move the nomination out of the committee. Given the disapproval of Lhamon from HELP committee Republicans, however, this seems unlikely to occur.<\/p>\n<p><em>The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a&nbsp;<a href=\"https:\/\/www.dailywire.com\/subscribe\">member<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A Senate committee on Tuesday failed to advance a Biden nominee after she proved hostile to the presumption of innocence and due process rights during her hearing.The Senate Committee on &#8230;<\/p>\n","protected":false},"author":1,"featured_media":2315279,"comment_status":"close","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-610976","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/610976","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=610976"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/610976\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=610976"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=610976"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=610976"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}