The Department of Education announced it would stop enforcing a Trump administration rule designed to protect those accused of sexual assault on college campuses.
A district court in Massachusetts upheld most of the Title IX 2020 amendments in a July ruling, maintaining new regulations related to public institutions managing allegations of harassment, assault, violence, and more. Although, the court struck down one procedural regulation related to what evidence a “Decision-Maker,” or the employee who is designated to adjudicate the case, may consider in making rulings.
Following the court ruling and a letter from the Department of Education on Tuesday, the chosen adjudicator can now consider emails and texts between the parties and witnesses, police reports and medical reports, regardless of cross-examination status at the live hearing.
As recently as last summer, few people outside academia had heard of critical race theory, whose central claim is that racism, not liberty, is the founding value and guiding vision of American society. Then, President Trump issued an executive order last September banning the teaching of this “malign ideology” to federal employees and federal contractors.
Trump’s ban was blocked by a federal judge in December and immediately revoked by Joe Biden upon occupying the White House in January. Since then, federal agencies and federal contractors have resumed staff training on unconscious bias, microaggressions, systemic racism and white privilege – some of the most common but also most disputed concepts associated with the four-decade-old academic theory.
Now critical race theory is about to face a major real-world test: a spate of lawsuits alleging that it encourages discrimination and other illegal policies targeting whites, males and Christians. But unlike Trump’s executive order, which ran into First Amendment problems by prohibiting controversial speech, the lawsuits name specific policies and practices that allegedly discriminate, harass, blame and humiliate people based on their race.