Increasing the likelihood that innocent
college students in the future will instead be branded rapists is a legacy of
which few government officials can boast. Yet this was the prime accomplishment
of Russlynn Ali, who announced late last week that she would be stepping down
as director of the Education Department's Office of Civil Rights.
Ali, of course, is best-known for the 2011 "Dear
Colleague" letter mandating that colleges use the lowest threshold for
adjudicating sexual assault and harassment cases (and only sexual assault and
harassment cases) on campus. The move appeared to be a solution in search of a
problem: apart from various activist groups, few had been championing such a
sweeping assault on campus civil liberties, and even many college
administrators (not exactly a due process-friendly group) seemed skeptical of
Ali's order.
Ali distinguished herself as much for her
arrogance as for her extremism. Despite ordering a radical change in how
colleges structured their disciplinary processes, Ali proved highly reluctant
to defend her handiwork. Twice, FIRE penned letters expressing concerns about
the potentially deleterious effects of Ali's assault on due process; twice, Ali
declined to respond. (FIRE senior vice president Robert Shibley responded
tartly to Ali's departure, "While
we wish Ms. Ali the best, we hope her successor will end OCR's silence
regarding widespread concerns about the fundamental due process rights of
students and faculty members.") It wasn't just FIRE that Ali deemed unworthy of
a response; due process concerns raised by the AAUP likewise went unanswered.
While she ignored civil liberties groups
like FIRE and even groups like AAUP, Ali did find time to talk about her vision
to The Root. There, in what a fawning
reporter breathlessly described as her "raspy voice," Ali pronounced her
commitment to "fundamental fairness." Apparently unaware of the irony, she then
gloated how it was "stunning" to see how "quickly" colleges and universities
had responded to her demands that they weaken the due process protections
available to accused students. For Ali, "fundamental fairness" applied only to
some, not all, students.
Ali's handiwork was so pernicious because
the college disciplinary process already was
so heavily tilted against accused students. (The Shadow University provided an early public exposure of this
problem; if anything, the situation since then only has grown worse.) The
premise from which she operated--that accusers
didn't have a sufficient chance to have their voices heard--was nothing short of
absurd.
A final note: Ali's campaign against campus
civil liberties succeeded in part because Congress failed in its oversight
task. The Senate Health, Education, Labor, and Pensions Committee found time
for hearings on such education-related matters as "Beyond Seclusion and Restraint:
Creating Positive Learning Environments for All Students" but didn't look into
Ali's actions (even, remarkably, as the committee did have a hearing on Title
IX, which the ex-OCR head had used as the legal justification for her mandate).
The House Education and Workforce Committee, meanwhile, found time for hearings
criticizing the government's (largely student-friendly) role in the student
loan program, but like its Senate counterpart couldn't find time to inquire why
the administration opposed due process on campus.
This reticence in oversight ensured that,
at least in the light of day, Ali would never have to defend the indefensible.
Hopefully, her successor will respect the need for due process in a way that
Ali never did.

