Democrats’ 2024 Platform Seeks To Eliminate Due Process Protections For College Students

The Democrat’s 2024 platform promises to remove constitutional due process protections for college students after the Trump administration ensured them.

In a section about President Joe Biden purportedly protecting women, the platform said Biden had “restor[ed] and strengthen[ed] protections under Title IX, including explicit protections for LGBTQI+ students,” even though those “protections” have been blocked by the Supreme Court.

Title IX is a federal statute that prohibits entities that receive public funding from discriminating based on sex.

Before the Supreme Court stepped in, 26 states had blocked the rules from going into effect.

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Further down in the platform, Democrats attack former President Donald Trump for “roll[ing] back campus sexual assault protections, making it even harder for survivors to get the justice they deserve.”

Dem Party platform:
DeVos TIX regs–which mandated a hearing, x-examinatom, & access to all evidence the univ gathered in its investigation–“rolled back campus sexual assault protections, making it even harder for survivors to get the justice they deserve.” pic.twitter.com/vj2Y533lS7

— KC Johnson (@kcjohnson9) August 19, 2024

The platform assumes that any woman making an accusation is automatically a “survivor,” even though countless stories from colleges and universities show this is not always the case. And when the platform says Trump “rolled back campus sexual assault protections,” it means removing due process protections such as cross-examination, the accused having access to all the evidence against them, and ensuring the accused is informed of the specific allegations against them, among others.

Schools have repeatedly lost in court for not providing such constitutionally required protections for accused students. In 2020, the United States Court of Appeals for the Third Circuit ruled that colleges were required to provide “some form of cross-examination and a live, adversarial hearing during which he or she can put on a defense and challenge evidence against him or her,” according to Inside Higher Ed.

Further, “getting the justice they deserve” refers to an accuser being able to get anyone they accuse kicked off campus no matter what the evidence shows.

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Trump’s Education Secretary, Betsy DeVos, properly implemented the policies that included basic due process protections for students accused of a serious crime. Before that, the Obama administration used a non-binding “Dear Colleague Letter” to drastically change the campus landscape and ensure almost anyone accused of sexual assault would be severely punished without the chance to defend themselves.

Because the Obama administration didn’t use the proper procedure to implement its rules, DeVos was able to suspend them and write proper rules using the proper procedure, which took years. When Biden became president, he had to use the same procedure to implement his own rules, which removed the protections put in place by DeVos and again expanded the definition of Title IX to include men who identify as women. Those rules are currently being blocked by the Supreme Court, while every challenge to DeVos’ rules was dismissed or withdrawn.