07.20.22

Burr, Senators Oppose Biden Admin’s Flawed Title IX Proposal, Urge Extension of Public Comment Period

Senators: ‘Instead of upholding the key tenets of our judicial system, the Department’s proposal returns to the deeply flawed campus disciplinary process of the Obama administration.’

Today, Senator Richard Burr (R-NC), Ranking Member of the Senate Committee on Health, Education, Labor and Pensions (HELP) led a letter to U.S. Department of Education Secretary Miguel Cardona criticizing the Administration’s proposed changes to Title IX and urging an extension of the public comment period by 30 days.

Joining the letter were Senators John Barrasso (R-WY), John Boozman (R-AR), Mike Braun (R-IN), Bill Cassidy (R-LA), Tom Cotton (R-AR), Kevin Cramer (R-ND), Ted Cruz (R-TX), Steve Daines (R-MT), Joni Ernst (R-IA), Cindy Hyde-Smith (R-MS), James Inhofe (R-OK), James Lankford (R-OK), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Marco Rubio (R-FL), Rick Scott (R-FL), Tim Scott (R-SC), Thom Tillis (R-NC), Tommy Tuberville (R-AL), and Roger Wicker (R-MS).

In their letter, the Senators underscore how the proposed changes to the Title IX rule for adjudicating sexual misconduct cases on college campuses threaten students’ Constitutional right to due process and run counter to federal court precedent.

“Instead of upholding the key tenets of our judicial system, the Department’s proposal returns to the deeply flawed campus disciplinary process of the Obama administration, which was heavily criticized by liberal law professors, Democrats, and even a former liberal Supreme Court justice,” the Senators write.

“Allegations of sexual assault and harassment are a serious and difficult issue, which is why the previous administration was careful to get the Title IX regulations right,” the Senators continue. “By contrast, the new proposed rule encourages institutions to adopt processes that have either been struck down or been viewed skeptically by multiple courts.”

“Rescinding or revising the existing Title IX regulations jeopardizes key protections for victims and the due process rights of the accused and places institutions back into legal jeopardy. “

The Senators concluded, “Therefore, we ask that you, at a minimum, extend the public comment period by at least 30 days to ensure that the American public have the proper time to review this troublesome attack on due process protections and the expansion of Title IX.”

On June 23, 2022, Senator Burr released a statement criticizing the Administration for its reversal of due process protections in the Title IX rule.

To read the full letter, click here.