Why Should Ocr Violated The Administrative Procedure Act

This article contends that although well intentioned, the mandates of the Dear Colleague Letter are not the best way to handle campus sexual assault. Universities should have a number of different options available, from mediation (as long as both parties agree) to a full blown adjudicatory hearing. When suspension or expulsion may result, the respondent must have the right to an adjudicatory hearing with robust procedural rights. More controversially, this article argues that Title IX allows universities to make these changes. The article begins by situating university disciplinary proceedings legally and historically. It then turns to the Dear Colleague letter. It discusses whether OCR violated the Administrative Procedure Act (APA) by not going through notice and process. Assuming that the DCL is procedurally valid, the next section asks whether it is substantively so. Applying the tests set forth in Skidmore v Swift Co. , Chevron v National Resources Council, and Bowles v Seminole Rock Sand Co., the Article concludes that courts should not uphold OCR’s interpretation of Title IX. With universities free to disregard the DCL, the article concludes by discussing how universities can and should handle these cases while still remaining in compliance with Title IX. I. BACKGROUND 1964 marked a watershed moment for equality in the United States. On July 2 of that year, President Lyndon B. Johnson signed the 1964 Civil Rights Act into law. Although much was aimed atShow MoreRelatedSecurity and Privacy Essay1868 Words   |  8 Pagescalled identity theft. This paper will take a look at the incident at St. John’s Hospital and what should be done with patient information and what not to do with unwanted files. This paper will also take a look at the management plan and code of conduct. Security Breach It has been brought to the attention of the administrative office that there has been a security breach of policies and procedures concerning the protection of confidential client information. On numerous occasions, personnelRead MoreCivil Rights4442 Words   |  18 Pagesprograms, camps and other areas of daily life. The Americans with Disabilities Act (ADA) is the most powerful law safeguarding the rights of children in public and private schools and daycare centers. The law also prevents any organization or business from discriminating against a person because of a real or perceived disability, such as an infectious disease. A second law, Section 504 of the Rehabilitation Act, bars schools, colleges and other organizations receiving federal funding from discriminatingRead MoreAdvancing Effective Communicationcommunication, Cultural Competence, and Patient- and Family-Centered Care Quality Safety Equity53293 Words   |  214 Pagesother stakeholders, by evaluating health care organizations and inspiring them to excel in providing safe and effective care of the highest quality and value. The inclusion of an organization name, product, or service in a Joint Commission publication should not be construed as an endorsement of such organization, product, or services, nor is failure to include an organization name, product, or service to be construed as disapproval.  © 2010 by The Joint Commission Permission to reproduce this guide forRead MoreAccounting Information System Chapter 1137115 Words   |  549 Pagesis the difference between the benefits realized from using that information and the costs of producing it. Would you, or any organization, ever produce information if its expected costs exceeded its benefits? If so, provide some examples. If not, why not? Most organizations produce information only if its value exceeds its cost. However, there are two situations where information may be produced even if its cost exceeds its value. a. It is often difficult to estimate accurately the value of informationRead MoreManaging Information Technology (7th Edition)239873 Words   |  960 Pages2002, 1999 Pearson Education, Inc., publishing as Prentice Hall, One Lake Street, Upper Saddle River, New Jersey 07458. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material