The former Education Department civil rights activist Catherine Lhamon has changed little in the past four years.
On Tuesday, the Senate Committee on Health, Education, Labor and Pensions held a hearing on President Joe Biden’s nominations for the Department of Education. Although three candidates came before the HELP committee, one person stood at the center of the nearly two-hour meeting: Lhamon, Biden’s candidate for assistant secretary for civil rights.
At first glance, it appeared that Lhamon had made repeated promises to uphold the protection of the students. But that’s not entirely true.
In response to the first questions from the North Carolina Senate, Richard Burr, Lhamon confirmed that she believed in the concept of “innocence until proven guilty”. She also told the senator that due process is used in public institutions, while fair process is used in private universities.
Lhamon also repeatedly told Burr that it would enforce the current Title IX regulations implemented under former Education Secretary Betsy DeVos. The nominee acknowledged that the applicable rules of Title IX allow students to see the evidence directed against them, grant complainants and accused students a right to a hearing, and allow the parties to indirectly cross-examine one another .
However, when asked if she intends to change the current policy, Lhamon replied, “I have no control over what changes may or may not be made to the provisions of Title IX.” Tenure at the Department of Education’s Civil Rights Office had bypassed the public announcement and comment process while making politics.
In fact, it was during this time that Lhamon issued some of their most comprehensive Title IX guidelines. This included a “Resolution Agreement” with the University of Montana in 2013 that expanded the definition of sexual harassment. Lhamon has also issued a 53-page “Q&A” document (called just a “Q&A” document instead of a rule, helping it avoid the formal rulemaking process) that discourages colleges from cross-examining during the To allow hearings on Title IX.
The story goes on
Although Lhamon said she was looking forward to participating in the regulatory process, she did not specifically rule out the possibility of using letters from “Dear Colleague” and other forms of guidance that would enable her to bypass it. This should raise concerns about the types of guidance that might be published, particularly given Lhamon’s previous records with the Citizens’ Rights Office.
Lhamon also made a commitment to enforce and comply with the law. Not only did she pledge to enforce the current rules of Title IX, but she also stressed that the office would follow binding laws, including the appeals court rulings cited by Senator Susan Collins of Maine.
However, it was the candidate’s relentless commitment to the law (and her earlier statements) that got her into an affirmative bog. Republican Senator Bill Cassidy asked Lhamon about a May 2020 tweet saying that then Secretary DeVos’s rules “allowed rape and sexually molesting students with impunity”. Cassidy asked her if she would enforce the law.
Lhamon replied that if approved, it would enforce the applicable regulations. However, after further questioning by Cassidy, Lhamon remained unapologetic about the tweet. She told the committee, “The regulation allows students to rape and sexually harassment with impunity. I think the law, the ordinance, weakened the intent of Title IX that Congress wrote. “
Lhamon stated that under current guidelines, the school is not responsible for investigating allegations of sexual harassment or assault. After further questioning Cassidy, she admitted that a local prosecutor still has the ability to prosecute sexual assault cases.
During the hearing, Lhamon unrepentant defended her file and her earlier testimony. She justified her use of guidelines on the grounds that the regulatory agenda had been set by the Obama administration when she arrived. Lhamon also responded to criticism of their 53-page Title IX guide, saying it doesn’t prohibit cross-examination. Rather, “equality” must prevail between the complainants and the defendants.
Lhamon also insisted during Burr’s first round of interviews that a “presumption of innocence” did not exist in the applicable regulations. She clarified that the Trump administration’s rules state that criminal procedures do not apply in schools.
Towards the end of the hearing, Burr stated that the current guidelines contained a presumption that the defendant was not responsible for alleged wrongdoing. When asked if she would uphold that presumption, Lhamon conceded that Title IX investigators should be “open” to the possibility that an individual was not responsible for wrongdoing.
Other Biden nominees had previously gotten into hot water because of their earlier testimony. Biden’s OMB candidate Neera Tanden and Pentagon candidate Colin Kahl have been scrutinized by Republicans for their tweets. Both tried to go back or contextualize their comments.
In contrast to Tanden and Kahl, Catherine Lhamon went against the criticism of her balance sheet and her statements. Instead of apologizing, she stood firm. But in doing so, Lhamon confirmed what we already knew about the Biden administration: it is not that centristic after all.
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Keywords: Title IX, Education, Joe Biden, Department of Education, Sexual Misconduct
Original author: Samuel Kim
Original location: Biden’s civil rights candidate remains ambiguous on Title IX
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