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Op-Ed: Justice Ginsburg and Secretary DeVos agree

Guess who is in agreement that the Obama administration Education Department Title IX “guidance” needs to be changed? Two women who have raised families, done distinguished work in the nonprofit sector and now hold important jobs in the federal government: Education Secretary Betsy DeVos and Supreme Court Justice Ruth Bader Ginsburg.

Here is Justice Ginsburg, as interviewed by Jeffrey Rosen at the National Constitution Center, as transcribed by Reason magazine:

Jeffrey Rosen: What about due process for the accused? Justice Ginsburg: The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There's been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that's one of the basic tenants of our system, as you know, everyone deserves a fair hearing. Jeffrey Rosen: Are some of those criticisms of the college codes valid? Justice Ginsburg: Do I think they are? Yes.

Here are excerpts from Secretary DeVos’s September 7 statement explaining her rescission of the Obama Title IX “guidance.”

Secretary DeVos: Since becoming Secretary, I’ve heard from many students whose lives were impacted by sexual misconduct: students who came to campus to gain knowledge, and who instead lost something sacred. We know this much to be true: one rape is one too many. One assault is one too many. One aggressive act of harassment is one too many. One person denied due process is one too many. . . . Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined. These are non-negotiable principles. Any failure to address sexual misconduct on campus fails all students. Any school that refuses to take seriously a student who reports sexual misconduct is one that discriminates. And any school that uses a system biased toward finding a student responsible for sexual misconduct also commits discrimination.

They seem to take the same view, don’t they?

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