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A mother’s warning: Biden’s Title IX plans could dangerously change your son’s life at college

Parents dropping their sons off at college ought to have “the talk.” I’m referring to the risk of being accused of sexual assault, and the Biden administration’s major changes to Title IX come October.

If my two sons were starting college this Fall I would tell them this: be doubly sure you get consent — for her sake and yours. Maybe even record that consent (how romantic!). Your education and future may depend on it.

Under Biden’s proposed Title IX rules, if a college student is accused of sexual assault or harassment, he will no longer have the right to a live hearing, to cross-examine his accuser and witnesses, or to be represented by an attorney. Instead, a school administrator can decide to forgo a hearing and weigh the “credibility” of each party on his own, acting as investigator, judge, and jury in the case.

The standard for determining guilt will also be weakened from “clear and convincing” to a “preponderance of the evidence” — in other words, that there’s a 50.1 percent or greater chance an assault occurred. Not great odds in what are often “he said, she said” cases.

“At heart, what makes something judicial is fairness,” Khan told me when we met earlier this month, calling Yale’s proceedings a “kangaroo court.”

Could Kahn be guilty of rape? It’s possible. No one knows but him and his accuser. But he was acquitted in a criminal court, and the lack of due process protections at the Yale proceeding tarnishes its findings. That doubt doesn’t help Jane Doe. She may be facing another trial.

Caroline McCaughey was born and raised in New York City, and now lives in Portsmouth, New Hampshire with her husband and two kids.


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