What If Federal Regulations for Colleges Are Themselves Illegal?

The John William Pope Center cites Hans Bader on the U.S. Department of Education’s Office for Civil Rights letter to give college and university officials guidance in complying with the law. 

Competitive Enterprise Institute (CEI) attorney Hans Bader, who formerly worked for the OCR, found that argument to be merely an evasion of Senator Lankford’s point. In this CEI piece, Bader points out that there is an obvious difference between the way a college’s conduct is judged in civil litigation (over a contract dispute, perhaps), and the burden of proof that should apply to a college’s students in disciplinary proceedings that don’t take place in a court.

“A student’s misconduct is generally not attributable to the school, especially since students are not agents of the school,” Bader explained, driving home the point that Lhamon has confused two completely different legal concepts.

Read the full letter at the John William Pope Center.