‘It was this type of overreach that the American people repudiated’
Congressional leaders who have long criticized the Obama administration for the Department of Education’s perceived overreach are promising big changes under a Trump administration.
That includes pressing for a leader of the Office for Civil Rights who will “stop the practice of using the office as an unchecked regulatory entity,” Republican Sen. James Lankford, who chairs the regulatory affairs subcommittee, told The College Fix in an email.
Rep. Virginia Foxx, the new chair of the House Education Committee, has said she has even grander designs: “to see the [entire] department scaled back.”
Advocates for the department’s current methods, including a sweeping interpretation of Title IX that micromanages how colleges handle sexual-misconduct complaints, have already tried to thwart anticipated changes.
They are speaking out against President-elect Donald Trump’s nominee for secretary, Betsy DeVos, for her donations to the Foundation for Individual Rights in Education, a vocal critic of the department’s sexual-misconduct “guidance.”
Republicans will ‘put a stop to this abuse’
Under the Obama administration, the department used alternate means to issue de facto regulations to colleges without going through the required rulemaking process, according to critics.
“Some of the most egregious examples of executive overreach and intimidation” took place at the department, “and I believe it was this type of overreach that the American people repudiated in this election,” Lankford told The Fix.
Administration officials “have abused ‘Dear Colleague’ letters and ‘guidance documents’ to mandate policies for schools without adhering to legally-required regulatory processes,” he said.
Lankford’s top priority for Trump’s incoming department is the appointment of an Office for Civil Rights director who understands and abides by proper regulatory processes.
“The new leader of the Department of Education, and especially the Office [for] Civil Rights, must restore the action of the office to their original construct and stop the practice of using the office as an unchecked regulatory entity,” he said: Unified Republican governance should “put a stop to this abuse.”
‘Very little tolerance’ for huge student loans
Incoming Chairman Foxx, a former college president with a Ph.D. in higher education, has been vocal in speaking against the federal government’s intrusion into states’ decisions on education policy.
After Trump’s election, she told Inside Higher Ed that the new Congress will “have a lot of emphasis on oversight,” but said she wanted “some really, really competent people” who will investigate “what’s going on” in the department from the inside.
Asked about the rumors that the Trump administration will eliminate or scale back the department’s reach, Foxx said: “I definitely see the opportunity to see the department scaled back,” in particular by devolving its functions to the state and local level.
According to The Chronicle of Higher Education, Foxx wants to torpedo an Obama rule (currently blocked by a federal judge) that “would make more salaried employees on college campuses and elsewhere eligible for overtime pay.”
She also wants to eliminate regulations on for-profit colleges and teacher-prep programs. Those regulations also bailed out student victims of fraud with taxpayer dollars.
Foxx once told a radio program she has “very little tolerance” for students taking out large loan amounts and their consequent dependence on the government. She is an advocate for early-college programs to save both students and governments money, as well as encouraging students to explore vocational training.
Foxx’s office responded to an initial Fix inquiry but did not provide a staffer to answer questions.
Uncertain future for speech codes
One of the open questions about a Trump presidency is how colleges might modify their speech codes in response.
House Judiciary Committee Chairman Bob Goodlatte asked colleges in August 2015, and again in February 2016, to tell him how they are promoting “free and open expression” and bringing campus policies in line with the First Amendment.
MORE: Universities keep Congress waiting as they scramble to overhaul speech codes
He targeted 160 colleges slapped with a “red light” rating by the Foundation for Individual Rights in Education, meaning they have “at least one policy that both clearly and substantially restricts freedom of speech.”
In his second letter, Goodlatte targeted 33 colleges that had not responded a full six months after his deadline.
Goodlatte’s office did not return multiple emails and voicemails sent by The Fix seeking an update on his effort.
No excuse for violating due process without ‘guidance’
DeVos, Trump’s nominee for secretary of education, is best known for her philanthropy related to education reform in Michigan and charter-school expansion. She has also supported reform in Florida and Michigan, as well as the school-voucher movement.
But in the higher education realm, observers are focused on how she might change federal rules on disciplinary proceedings for sexual-misconduct allegations.
“Many believe” a DeVos-led department will get rid of the Office for Civil Rights’ 2011 guidance document on the subject, Inside Higher Ed reported.
That document, portrayed as nonbinding, told colleges to use a low evidence standard and abandon common protections given to the accused in civil-court settings, such as the right to cross-examination.
MORE: Senate chairman orders OCR to ‘immediately rein in’ Title IX ‘abuses‘
If it’s junked, colleges won’t be able to cite the guidance if they are sued by students who allege they were deprived of due process in campus proceedings.
Higher education legal consultant Gary Pavela told Inside Higher Ed that it was wrong for OCR to have “transformed that floor into a ceiling,” referring to the “preponderance” evidence standard mandated by the guidance.
Choosing an evidence standard “should be based [on] our own campus-based analysis and experience,” not dicates from Washington, he said. But as long as “other reasonable due process standards are applied,” colleges can probably continue using preponderance without “legal risk.”
Colleges won’t miss the 2011 guidance, if previous comments by the American Council on Education are any indication.
The group, which represents 1,800 college presidents at the federal level, last year called OCR “a Court of Star Chamber, with arbitrary rulings, no rights for those under investigation and a secret process” governing schools who fall under Title IX investigation.
Source
Let's thank Senator James Lankford for standing up for men who's due process rights are being violated. You can call his office at (202)224-5754 or you can email him here. Let's thank him for pursuing this as he has. The more of us he hears from the better so let's contact him right away.
Showing posts with label thank you email. Show all posts
Showing posts with label thank you email. Show all posts
Friday, January 13, 2017
Thursday, July 28, 2016
Let's thank Mike Pence
The Republican Vice Presidential candidate Mike Pence stood up for men on the O'Reilly Factor (7-27-16). Apparently activism is working. Thanks to everyone who wrote Donald Trump on his Facebook page. Apparently we got through. Let's thank him standing up for the rights of men during his interview with Bill O'Reilly.
Thursday, March 17, 2016
Bipartisan drive to restore due process on college and univerity campuses
Drive to Restore Due Process on Campus Gains Traction
SAVE
March 7, 2016
The Department of Education’s Office for Civil Rights issued a Dear Colleague Letter (DCL) on campus sexual assault in 2011. Even though the directive imposed a substantial number of new mandates on colleges, the OCR neglected to submit the policy for public review and comment – in direct violation of the Administrative Procedure Act.
In response, a growing number of lawmakers are speaking out on the need to refer campus sex cases to criminal justice authorities and restore due process on campus:[i]
•Sen. Chuck Grassley (R-IA): “I think a crime of rape off campus or a crime of rape on campus ought to be treated the same way. And the sooner it’s treated the same way, the sooner the message is going to get out that you can’t get away with something on campus that you couldn’t get away with someplace else.”
•Sen. Bernie Sanders (D-VT): “If a student rapes another student it has got to be understood as a very serious crime, it has to get outside of the school and have a police investigation.”
•Sen. Sheldon Whitehouse (D-RI): “As a former United States Attorney and Attorney General for my state, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault.”
•Sen. Marco Rubio (R-FL): “Sexual assault can destroy lives, but so can false allegations of sexual assault. One need only review recent news reports to know that false allegations do, in fact, happen. Certainly, we should make additional efforts to protect due process on campus.”
•Sen. Mark Warner (D-VA): “I do believe you do need, for the accused, you need to maintain due process rights.… I think this part of the legislation [Campus Accountability and Safety Act] will probably require some additional review.”
Senate Committee on Homeland Security and Governmental Affairs
In January, Sen. James Lankford, chairman of the Senate Committee on Homeland Security and Governmental Affairs, wrote a letter to the Department of Education asking the agency to justify the legal authority behind its DCLs of 2010 on bullying and of 2011 on sexual assault.
The Department of Education responded on February 17, saying its new mandates represented a “construction” of its interpretation of Title IX.
In his March 4 reply, Sen. Lankford stated the Dept. of Education letter “failed to assuage my concerns that OCR has issued guidance documents” that “advance policies not found within the pages of [Title IX’s] statutory and regulatory texts.” Sen. Lankford called on Acting Secretary King to “immediately rein in the regulatory abuses within the Department of Education.”[ii]
It’s deplorable that the Office of Civil Rights would repeatedly violate the Administrative Procedure Act, and then make shallow excuses for its pattern of abusive behavior to a Congressional oversight committee.
Source
Numerous senators have expressed concerns how current OCR policies are marginalizing the criminal justice system, about the lack of due process, and regarding federal agencys’ Title IX policy-making or enforcement methods:
A. Minimizing the Role of the Criminal Justice System:
Sen. Chuck Grassley (R-IA): “I think a crime of rape off campus or a crime of rape on campus ought to be treated the same way. And the sooner it’s treated the same way, the sooner the message is going to get out that you can’t get away with something on campus that you couldn’t get away with someplace else.”[1]
Sen. Bernie Sanders (D-VT): “Rape and assault is rape or assault whether it takes place on a campus or a dark street…If a student rapes another student it has got to be understood as a very serious crime, it has to get outside of the school and have a police investigation and that has to take place.”[2]
Sen. Sheldon Whitehouse (D-RI): “As a former United States Attorney and Attorney General for my state, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault. I am concerned that the specter of flawed law enforcement overshadows the harm of marginalized law enforcement.”[3]
B. Lack of Due Process:
Marco Rubio (R-FL): “Sexual assault can destroy lives, but so can false allegations of sexual assault. One need only review recent news reports to know that false allegations do, in fact, happen. Certainly, we should make additional efforts to protect due process on campus.”[4]
Sen. Mark Warner (D-VA): “I do believe you do need, for the accused, you need to maintain due process rights.… I think this part of the legislation [Campus Accountability and Safety Act] will probably require some additional review.”[5]
C. Unlawful Policy-Making Procedures:
Sen. Lamar Alexander (R-TN): “What you’re doing is writing out detailed guidance for 22 million students on 7,200 campuses, and it’s just — it could be your whim, your idea. We make the law. You don’t make the law. Where does such a guidance authority come from?”[6]
Sen. James Lankford (R-OK): The “Department of Education’s Office for Civil Right (OCR) Dear Colleague letters on harassment and bullying (issued October 23, 2010) and sexual violence (issued April 4, 2011)… purport to interpret statements of existing law; however, while both broadly cite to Title IX of the Education Amendments of 1972 (Title IX), the letters fail to point to precise governing statutory or regulatory language that support their sweeping policy changes.”[7]
Sen. John McCain (R-AZ): “Given that the interpretation of Title IX has such a widespread impact on the well-being of young students, it is troublesome that significant changes to nationwide sexual harassment policy were unilaterally dictated by DOJ – through a settlement – rather than through congressional or regulatory action.”[8] (in reference to the University of Montana Settlement Agreement that was referred to as a “blueprint” for other universities)
D. Heavy-Handed Enforcement Practices:
Sen. Mark Warner (D-VA) and Timothy Kaine (D-VA) sent a letter to Department of Education Secretary Arne Duncan on August 25, 2015 in support of the concerns of Gov. Terry McAuliffe regarding a Title IX investigation of the University of Virginia, and called for a “fair and thorough process for all involved.”[9]
Source
Citations at source.
This is a first. This is a bipartisan look at men's rights. This is a first and it is long overdue. Thank you to both sides of the aisle for coming together to make sure justice is served and that your male constituents are not railroaded by a misandric system. Click on the links to thank these Senators for their brave stance and since they are helping us we can help them in return and the best way to do that is to vote for them when they are running for re-election or if that is not possible encourage other registered voters registered in their districts to vote for them. They fought for us the least we can do is help them keep their jobs.
SAVE
March 7, 2016
The Department of Education’s Office for Civil Rights issued a Dear Colleague Letter (DCL) on campus sexual assault in 2011. Even though the directive imposed a substantial number of new mandates on colleges, the OCR neglected to submit the policy for public review and comment – in direct violation of the Administrative Procedure Act.
In response, a growing number of lawmakers are speaking out on the need to refer campus sex cases to criminal justice authorities and restore due process on campus:[i]
•Sen. Chuck Grassley (R-IA): “I think a crime of rape off campus or a crime of rape on campus ought to be treated the same way. And the sooner it’s treated the same way, the sooner the message is going to get out that you can’t get away with something on campus that you couldn’t get away with someplace else.”
•Sen. Bernie Sanders (D-VT): “If a student rapes another student it has got to be understood as a very serious crime, it has to get outside of the school and have a police investigation.”
•Sen. Sheldon Whitehouse (D-RI): “As a former United States Attorney and Attorney General for my state, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault.”
•Sen. Marco Rubio (R-FL): “Sexual assault can destroy lives, but so can false allegations of sexual assault. One need only review recent news reports to know that false allegations do, in fact, happen. Certainly, we should make additional efforts to protect due process on campus.”
•Sen. Mark Warner (D-VA): “I do believe you do need, for the accused, you need to maintain due process rights.… I think this part of the legislation [Campus Accountability and Safety Act] will probably require some additional review.”
Senate Committee on Homeland Security and Governmental Affairs
In January, Sen. James Lankford, chairman of the Senate Committee on Homeland Security and Governmental Affairs, wrote a letter to the Department of Education asking the agency to justify the legal authority behind its DCLs of 2010 on bullying and of 2011 on sexual assault.
The Department of Education responded on February 17, saying its new mandates represented a “construction” of its interpretation of Title IX.
In his March 4 reply, Sen. Lankford stated the Dept. of Education letter “failed to assuage my concerns that OCR has issued guidance documents” that “advance policies not found within the pages of [Title IX’s] statutory and regulatory texts.” Sen. Lankford called on Acting Secretary King to “immediately rein in the regulatory abuses within the Department of Education.”[ii]
It’s deplorable that the Office of Civil Rights would repeatedly violate the Administrative Procedure Act, and then make shallow excuses for its pattern of abusive behavior to a Congressional oversight committee.
Source
Numerous senators have expressed concerns how current OCR policies are marginalizing the criminal justice system, about the lack of due process, and regarding federal agencys’ Title IX policy-making or enforcement methods:
A. Minimizing the Role of the Criminal Justice System:
Sen. Chuck Grassley (R-IA): “I think a crime of rape off campus or a crime of rape on campus ought to be treated the same way. And the sooner it’s treated the same way, the sooner the message is going to get out that you can’t get away with something on campus that you couldn’t get away with someplace else.”[1]
Sen. Bernie Sanders (D-VT): “Rape and assault is rape or assault whether it takes place on a campus or a dark street…If a student rapes another student it has got to be understood as a very serious crime, it has to get outside of the school and have a police investigation and that has to take place.”[2]
Sen. Sheldon Whitehouse (D-RI): “As a former United States Attorney and Attorney General for my state, I am concerned that law enforcement is being marginalized when it comes to the crime of campus sexual assault. I am concerned that the specter of flawed law enforcement overshadows the harm of marginalized law enforcement.”[3]
B. Lack of Due Process:
Marco Rubio (R-FL): “Sexual assault can destroy lives, but so can false allegations of sexual assault. One need only review recent news reports to know that false allegations do, in fact, happen. Certainly, we should make additional efforts to protect due process on campus.”[4]
Sen. Mark Warner (D-VA): “I do believe you do need, for the accused, you need to maintain due process rights.… I think this part of the legislation [Campus Accountability and Safety Act] will probably require some additional review.”[5]
C. Unlawful Policy-Making Procedures:
Sen. Lamar Alexander (R-TN): “What you’re doing is writing out detailed guidance for 22 million students on 7,200 campuses, and it’s just — it could be your whim, your idea. We make the law. You don’t make the law. Where does such a guidance authority come from?”[6]
Sen. James Lankford (R-OK): The “Department of Education’s Office for Civil Right (OCR) Dear Colleague letters on harassment and bullying (issued October 23, 2010) and sexual violence (issued April 4, 2011)… purport to interpret statements of existing law; however, while both broadly cite to Title IX of the Education Amendments of 1972 (Title IX), the letters fail to point to precise governing statutory or regulatory language that support their sweeping policy changes.”[7]
Sen. John McCain (R-AZ): “Given that the interpretation of Title IX has such a widespread impact on the well-being of young students, it is troublesome that significant changes to nationwide sexual harassment policy were unilaterally dictated by DOJ – through a settlement – rather than through congressional or regulatory action.”[8] (in reference to the University of Montana Settlement Agreement that was referred to as a “blueprint” for other universities)
D. Heavy-Handed Enforcement Practices:
Sen. Mark Warner (D-VA) and Timothy Kaine (D-VA) sent a letter to Department of Education Secretary Arne Duncan on August 25, 2015 in support of the concerns of Gov. Terry McAuliffe regarding a Title IX investigation of the University of Virginia, and called for a “fair and thorough process for all involved.”[9]
Source
Citations at source.
This is a first. This is a bipartisan look at men's rights. This is a first and it is long overdue. Thank you to both sides of the aisle for coming together to make sure justice is served and that your male constituents are not railroaded by a misandric system. Click on the links to thank these Senators for their brave stance and since they are helping us we can help them in return and the best way to do that is to vote for them when they are running for re-election or if that is not possible encourage other registered voters registered in their districts to vote for them. They fought for us the least we can do is help them keep their jobs.
Monday, September 28, 2015
Thank you Senator Lamar Alexander
Let's thank Senator Alexander for standing up to the Department of Education and for standing up to the abuses of the Civil Rights division of the Department of Education. His contact info is here.
Thursday, January 3, 2013
Let's thank Cantor for standing up to Biden
The 112th Congress has adjourned without reauthorizing the Violence Against Women Act (VAWA).
SAVE has consistently advocated for improvements to VAWA. We have worked hard to educate legislators. Among other things, we held several lobbying events throughout the year. We even wrote our own language, the Partner Violence Reduction Act (PVRA) to show that we can serve all victims of domestic violence while reducing waste, fraud and false allegations.
We are happy to report that some of SAVE's key reforms were included in HR 4970, the House version of VAWA. Rest assured, our efforts to achieve VAWA reform will continue in the next session of Congress.
Please call House Leader Eric Cantor today, and thank him for his principled and courageous support of VAWA reform. Call: (202) 225-2815
Looking forward to 2013,
teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
You can also email him and thank him. It took someone with guts to go against Biden and we all win because of his courage. I'm writing in,just like on all my activist postings I participate with you. Will you write in as well?
SAVE has consistently advocated for improvements to VAWA. We have worked hard to educate legislators. Among other things, we held several lobbying events throughout the year. We even wrote our own language, the Partner Violence Reduction Act (PVRA) to show that we can serve all victims of domestic violence while reducing waste, fraud and false allegations.
We are happy to report that some of SAVE's key reforms were included in HR 4970, the House version of VAWA. Rest assured, our efforts to achieve VAWA reform will continue in the next session of Congress.
Please call House Leader Eric Cantor today, and thank him for his principled and courageous support of VAWA reform. Call: (202) 225-2815
Looking forward to 2013,
teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
You can also email him and thank him. It took someone with guts to go against Biden and we all win because of his courage. I'm writing in,just like on all my activist postings I participate with you. Will you write in as well?
Friday, April 27, 2012
Let's congratulate the Senators that stood up for everything decent
From SAVE services:
The senate voted on the Violence Against Women Act (VAWA) yesterday. Sen. Leahy's version passed with 68 votes for and 31 against. Now it moves to the House.
Please do not get disheartened. Look at the bright side: 31 senators were brave enough to vote no. Imagine how difficult that was in this election year.
We need to thank these senators, especially Sen. Grassley for providing a substitute amendment, and we need to do it right now.
Sen. Grassley:
(202) 224-3744
click here
Find out if your senators voted no:
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Nay
Arizona: Kyl (R-AZ), Nay
Arkansas: Boozman (R-AR), Nay
Florida: Rubio (R-FL), Nay
Georgia: Chambliss (R-GA), Nay Isakson (R-GA), Nay
Idaho: Risch (R-ID), Nay
Indiana: Lugar (R-IN), Nay
Iowa: Grassley (R-IA), Nay
Kansas: Moran (R-KS), Nay Roberts (R-KS), Nay
Kentucky: McConnell (R-KY), Nay Paul (R-KY), Nay
Mississippi: Cochran (R-MS), Nay Wicker (R-MS), Nay
Missouri: Blunt (R-MO), Nay
Nebraska: Johanns (R-NE), Nay
North Carolina: Burr (R-NC), Nay
Oklahoma: Coburn (R-OK), Nay Inhofe (R-OK), Nay
Pennsylvania: Toomey (R-PA), Nay
South Carolina: DeMint (R-SC), Nay Graham (R-SC), Nay
South Dakota: Thune (R-SD), Nay
Texas: Cornyn (R-TX), Nay
Utah: Hatch (R-UT), Nay Lee (R-UT), Nay
Wisconsin: Johnson (R-WI), Nay
Wyoming: Barrasso (R-WY), Nay Enzi (R-WY), Nay
If so, call and/or email, and thank them for their courage and support. You can find their phone numbers and contact forms here: click here.
Feeling really grateful? Or discouraged that your senators aren't on the list, but still want to take action? Feel free to contact all 31 of these brave individuals.
There was a time when many thought this would never happen. We have proven them wrong. You did it, all of you, each one of you. Thank you so much!
(((((((Group hug!)))))))
teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Let's send some thank you letters for standing up to feminist bullies. This took a lot guts and they should be rewarded for it so let's send some emails.
The senate voted on the Violence Against Women Act (VAWA) yesterday. Sen. Leahy's version passed with 68 votes for and 31 against. Now it moves to the House.
Please do not get disheartened. Look at the bright side: 31 senators were brave enough to vote no. Imagine how difficult that was in this election year.
We need to thank these senators, especially Sen. Grassley for providing a substitute amendment, and we need to do it right now.
Sen. Grassley:
(202) 224-3744
click here
Find out if your senators voted no:
Alabama: Sessions (R-AL), Nay Shelby (R-AL), Nay
Arizona: Kyl (R-AZ), Nay
Arkansas: Boozman (R-AR), Nay
Florida: Rubio (R-FL), Nay
Georgia: Chambliss (R-GA), Nay Isakson (R-GA), Nay
Idaho: Risch (R-ID), Nay
Indiana: Lugar (R-IN), Nay
Iowa: Grassley (R-IA), Nay
Kansas: Moran (R-KS), Nay Roberts (R-KS), Nay
Kentucky: McConnell (R-KY), Nay Paul (R-KY), Nay
Mississippi: Cochran (R-MS), Nay Wicker (R-MS), Nay
Missouri: Blunt (R-MO), Nay
Nebraska: Johanns (R-NE), Nay
North Carolina: Burr (R-NC), Nay
Oklahoma: Coburn (R-OK), Nay Inhofe (R-OK), Nay
Pennsylvania: Toomey (R-PA), Nay
South Carolina: DeMint (R-SC), Nay Graham (R-SC), Nay
South Dakota: Thune (R-SD), Nay
Texas: Cornyn (R-TX), Nay
Utah: Hatch (R-UT), Nay Lee (R-UT), Nay
Wisconsin: Johnson (R-WI), Nay
Wyoming: Barrasso (R-WY), Nay Enzi (R-WY), Nay
If so, call and/or email, and thank them for their courage and support. You can find their phone numbers and contact forms here: click here.
Feeling really grateful? Or discouraged that your senators aren't on the list, but still want to take action? Feel free to contact all 31 of these brave individuals.
There was a time when many thought this would never happen. We have proven them wrong. You did it, all of you, each one of you. Thank you so much!
(((((((Group hug!)))))))
teri
Teri Stoddard, Program Director
Stop Abusive and Violent Environments
www.saveservices.org
Let's send some thank you letters for standing up to feminist bullies. This took a lot guts and they should be rewarded for it so let's send some emails.
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