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Title IX Warriors

Steven Menashi.jpgFollowing On yesterday’s story about the rollback of the “Dear Colleague” letter (it’s not clear at this point what will happen to the hundreds of Title IX investigations on the Department of Education’s docket — including three of the College), it’s worth noting that the current Acting General Counsel/Deputy General Counsel at the U.S. Department of Education is Steve Menashi ‘01. Steve went to Stanford Law following graduation, after which he clerked for Judge Douglas Ginsburg of the U.S. Court of Appeals for the DC Circuit, and then SCOTUS Justice Samuel Alito. Subsequently he was a litigation partner at Kirkland & Ellis, and prior to moving to the Department of Education, Steve was a law professor at George Mason’s Antonin Scalia Law School (home also of Todd Zywicki ‘88).

Steve’s LinkedIn page describes his background at the College thusly: “Phi Beta Kappa. Rufus Choate Scholar. Colby Government Prize. Edson Prize for American Government. The Dartmouth Review (Editor-in-Chief), Sigma Nu Fraternity (Rush Chairman and Treasurer), College Republicans (President).”

At Stanford Law he was elected to Order of the Coif; he served as senior articles editor of the Stanford Law Review and managing editor of the Stanford Law & Policy Review; and he won the Kirkwood Moot Court Competition, the Carl Mason Franklin Award in International Law, and the Steven M. Block Civil Liberties Award.

Addendum: The wheels of justice turn slowly, but they do turn. Inside Higher Ed reports:

Court Finds Due Process Denied in Sex Assault Case: Federal panel blocks suspension of University of Cincinnati graduate student, saying institution did not respect his constitutional rights after he was accused of sexual assault.

A federal appeals court has agreed to block the University of Cincinnati’s suspension of a student, saying the institution violated his rights by not allowing him to question the female student who accused him of sexually assaulting her.

The decision by the U.S. Court of Appeals for the Sixth Circuit follows the announcement Friday from Education Secretary Betsy DeVos that she would pull guidance on Title IX investigations and adjudication the Obama administration released in 2011…

The two students, who met on Tinder and were cited in court documents under the pseudonyms John Doe and Jane Roe, had sex in 2015 — the male student said the encounter was consensual, but the female student said it was not.

Three weeks later, Roe reported to the university she had been assaulted. Five months following that, Doe was officially notified he had possibly violated Cincinnati’s conduct code, specifically around sexual discrimination and harassment.

In 2016 the university held a hearing to determine whether Doe was guilty. Court documents indicate this was primarily a “he said/she said” case, with no physical evidence supporting either student. The female student did not appear at the hearing, and university officials did not provide any avenue for Doe to question her, even indirectly.

“Defendant’s failure to provide any form of confrontation of the accuser made the proceeding against John Doe fundamentally unfair,” the appeals court ruling states.


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