We Must Face Persistent Racial Gaps in Academic Performance

Real Clear Politics

In covering the most highly publicized “affirmative action” lawsuit in decades – against Harvard University — the news media are continuing their pattern of averting their eyes from stubborn facts that cut against their ideological preferences. In recent trial testimony, Harvard and other selective schools claim that the only way they can maintain adequate racial diversity is to use large racial preferences to admit a great many more black (and brown) students than would otherwise get in based on their academic performance. A person of ordinary curiosity might wonder: Why is that? Just what is the state of black academic […]

DeVos Keeps Her Promise on Campus Due Process

Wall Street Journal

Proposed new Title IX regulations aren’t perfect, but they vastly improve on Obama-era guidance. Betsy DeVos kept her promise. As the education secretary vowed in September 2017, the department’s Office for Civil Rights last week formally proposed new regulations designed to create a more just process when campus tribunals adjudicate sexual-misconduct allegations. The proposed rules closely track recent court rulings favoring accused students. In 2017 interim guidance, Mrs. DeVos had invited schools to develop fairer procedures under the law known as Title IX. But nearly all retained the Obama administration’s approach, which was heavily tilted against accused students. (The University […]

Christine Blasey Ford and the Implanted Memory Theory

Real Clear Politics

Did Brett Kavanaugh attempt to rape Christine Blasey Ford in 1982, as she testified in detail on September 27? Almost nobody has accused her of deliberately lying about the alleged attack. But the only other possibility consistent with Judge Kavanaugh’s claim of innocence has received very little attention. That is the possibility that Dr. Ford may have been misled by a sincere but false memory of something that never happened, perhaps created by her marital or individual psychotherapy. At first blush this may seem far-fetched. But science has shown that implanted false memories are such a common phenomenon in human […]

Discredited Sex Assault Research Infects U.S. Legal System

Real Clear Politics

When a toxin enters a biological ecosystem, its effect is magnified as it moves up the food chain. Even if it can be cut off at the source, the ever-widening distribution of its increasingly harmful form can cause problems for decades. Misinformation functions in a similar fashion, gaining traction as it’s repeated by increasingly high-profile individuals who venture ever further from the source material. In this manner, distortion about the facts of sexual assault has affected the training of judges, prosecutors, and other law enforcement officials. It is how misleading assertions become embedded in criminal and military law. This is […]

End the Bias in Campus Sexual-Misconduct Tribunals

Real Clear Politics

Education Secretary Betsy DeVos and her advisers have made a remarkably good start at ending the Obama administration’s abuse of federal regulatory power to attack the due-process rights of university students accused of sexual assault. But the more important task—the crafting of Title IX regulations to ensure fair treatment for both parties in campus cases—is ahead. Last September, DeVos publicly called for fairness to both sides in campus adjudications. About two weeks later, the Education Department withdrew the Title IX “guidance” that the Obama administration had imposed to specify guilt-presuming procedures for the nation’s colleges and universities to use. DeVos has also ended […]

What Betsy DeVos Gets Right About Campus Sexual Assault

Time

On Sept. 7, Education Secretary Betsy DeVos took on one of former President Barack Obama’s most controversial regulatory actions: a set of 2011 campus disciplinary procedures for students accused of sexual assault. Arguing that victims of assault were being denied justice, the Obama White House weakened traditional protections for the accused, like presumption of innocence and the right to cross-examine an accuser. DeVos, in a speech at George Mason University, said the system “is shameful, it is wholly un-American, and it is anathema to the system of self-governance to which our Founders pledged their lives over 240 years ago.” Not surprisingly, DeVos was […]

DeVos Pledges to Restore Due Process

Wall Street Journal

The Obama Education Department’s Title IX decree ‘failed too many students,’ she says. Education Secretary Betsy DeVos has made clear her intention to correct one of the Obama administration’s worst excesses—its unjust rules governing sexual misconduct on college campuses. In a forceful speech Thursday at Virginia’s George Mason University, Mrs. DeVos said that “one rape is one too many”—but also that “one person denied due process is one too many.” Mrs. DeVos declared that “every student accused of sexual misconduct must know that guilt is not predetermined.” This might seem like an obvious affirmation of fundamental American principles. But such sentiments were […]

The Trump administration should force colleges to disclose data on race in admissions: Let’s see how preferences work

NY Daily News

As the Trump administration prepares to investigate a highly plausible but previously neglected 2015 complaint to federal agencies by 64 Asian-American groups that Harvard uses illegal racial admissions quotas to limit Asian-Americans, all sides in the racial-preference controversy wonder whether officials may have bigger things in mind. Although I am very far from being a Trump fan, I hope they do. I especially hope that the administration will force universities that consider race in admissions to disclose for the first time the so-far-closely-guarded data that would expose the nature and size of their preferences and the academic impact on supposed […]

How to End a Campus Injustice With the Stroke of a Pen

Wall Street Journal

The Obama-era Title IX sex-crime regime should give way to real regulations that respect due process. With his legislative agenda in trouble, President Trump could do a lot of good by using his executive power to reverse an egregious example of the Obama administration’s bureaucratic tyranny. I refer to the 2011 command by the Education Department’s Office for Civil Rights, and subsequent orders, forcing thousands of schools to take an aggressive role in the investigation and punishment of alleged sex crimes on college campuses. Under threat of losing federal funds, almost all schools have willingly complied with a procedural regime […]

It’s Time to Improve Affirmative Action

National Journal

Now that the Supreme Court has blessed racial preferences, universities should be transparent about the costs and benefits to intended beneficiaries. By making clear that racial affirmative-action preferences in higher-education admissions are likely to have the Supreme Court’s blessing for many decades to come, the Court might—just might—have set the stage for a more candid and constructive public discussion about how to make preferences work more effectively for the intended beneficiaries. The June 23 decision should end the siege mentality among defenders of racial preferences—and that, in turn, should lead to much-needed transparency and honesty about the costs as well […]