KRAVITZ’S KORNER | Title IX Tyranny
On January 25, the U.S. Department of Education initiated its sixth inquiry into alleged mishandling of sexual assault investigations by Cornell University, in accordance with Title IX of the United States Education Amendments of 1972. While seemingly well-intentioned, the Department of Education’s aggressive application of Title IX is a disquieting assault on the United States Constitution and individual rights. Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity. In 2011, the Office of Civil Rights heavily expanded Title IX’s interpretation by disseminating the “Dear Colleague” letter. This communication, which was distributed with the noble intention of reducing sexual assault on college campuses, directed universities to evaluate sexual assault cases based on the “preponderance of the evidence” standard, as opposed to the “beyond reasonable doubt” standard, which is used for all other criminal cases.