In 2011, the Department of Education’s Office for Civil Rights issued a Dear Colleague letter that urged institutions to better investigate and adjudicate cases of campus sexual assault. The letter spelled out how the department interprets Title IX of the Education Amendments of 1972, and for the past five years it has been the guiding document for colleges hoping to avoid a federal civil rights investigation into how they handle complaints of sexual violence.
The department’s views were praised by victims and their advocates and led to many changes on college campuses, particularly on the issue of burden of proof when campus judicial systems handle sex assault charges. Republican lawmakers and other critics have argued that the guidance goes farther than just clarifying Title IX. They say the department illegally expanded the gender discrimination law’s scope without going through proper notice-and-comment procedures. At the center of that argument — as well as several recent lawsuits against colleges and the Department of Education — is the lower standard of proof.