Repost from The Virginia Star.

We all know how the Biden administration, on Day One, reversed two of the most successful Trump initiatives — energy independence and border control — turning with executive orders both areas into the twin disasters that have become part of our daily lives.

In June, the administration laid out new rules for Title IX of the Education Amendments Act of 1972 that roll back the common-sense advances of the Trump years, will cloud the waters on campus sexual-harassment litigation, and are guaranteed to throw even more chaos into the already tumultuous transgender arena.

As for the first piece in this trifecta, the sexual harassment element, the Left is hailing the new regs as the freeing of sexual abuse victims and a much-needed antidote to Trump-era rules. Trump had reversed the Obama administration’s harassment adjudication practices that denied due process and free speech rights to those accused of sexual harassment — practices that created, as called by one commentator, “kangaroo courts in which respondents had limited access to evidence and no right to cross-examination, hearings, or legal counsel” — and allowed a single school bureaucrat to serve as investigator, prosecutor, jury, and judge in a sexual abuse case. The Trump Department of Education had, in 2020, returned many due process rights to the accused, including hearings, legal representation, cross-examination, full access to evidence, and appeals.

The proposed new rules eliminate the live hearing and cross-examination requirements, leaving them to the discretion of the school. They also undo Trump’s prohibition of the “single investigator model,” a system that permits a lone bureaucrat to investigate a sexual harassment case and also serve as judge and jury.

Also proposed is a lessening of the burden-of-proof requirements necessary for conviction of discrimination or abuse. Under the Trump rules, a complaint, to be successful, had to reach a clear-and-convincing-evidence standard, similar to that used in business cases, whereas Biden intends to loosen that standard to a “preponderance of the evidence” level — that is, a determination that the discrimination occurred “more likely than not.” This new standard, says one jurist, sympathetic to the new regs, enables the school bureaucrat “to weigh all available evidence, including the credibility of witnesses, and determine what is likely to have happened without extrinsic corroborating evidence that is oftentimes lacking.”