The letter asked Secretary DeVos a series of questions, including two that were particularly relevant to FIRE. First they asked for "a list of all organizations, advocates, and experts that have been consulted in the process of developing [a notice of proposed rulemaking] thus far." They also requested that the Secretary "provide the analysis behind the Department's determination that the former Title IX guidance was 'widely criticized' and a 'failed system.'"
Because FIRE was one of the organizations that provided input to the Department and because we value transparency, we sent the Senators a letter to emphasize that the input we provided the current administration was consistent with the input we provided the Department during the Obama administration, and was the same input we have repeatedly provided to Congress and the public.
In order to keep the letter to a manageable length, though, we did not seek to set forth the extensive evidence behind the Department's assessment that the prior approach was "widely criticized" and "failing." It is important, however, to demonstrate the magnitude of that evidence for the public record. So here, in longer form, we are posting the evidentiary support for our statement to the Senate Democrats that our "concerns about the erosion of procedural protections have been subsequently echoed by a diverse range of widely respected organizations, individuals, legal scholars ... and an increasing number of state and federal courts."
Comment: Title IX gave accusers almost carte blanche to ruin the lives of many innocent young men: