Title IX is a Nixon-era federal law barring sex discrimination in schools. Under the Obama administration, it became a mandate for colleges to adjudicate claims of sexual misconduct with an imbalanced extrajudicial standard. The Department of Education’s infamous “Dear Colleague Letter” of April 2011 was a savvy play for progressive voters as the president began his reelection campaign. The standard it set requires only a “preponderance of evidence” for finding guilt—a far lower threshold than the criminal code’s “beyond a reasonable doubt.” Universities suddenly had a far freer hand.
The public awareness campaign that accompanied the new guidelines—recall Joe Biden’s “1 is 2 many” campaign—hinged on the statistic that one in five women is sexually assaulted while in college. As THE WEEKLY STANDARD reported earlier this year, the very same social scientists who are responsible for those survey data say their results have been misleadingly manipulated by the news media and politicians.