The dispute is raging over a settlement the DOJ with the University of Montana that inserts new language into requirements for the proper investigation and prosecution of sexual-assault allegations on campus.
The new DOJ standard says that “any unwelcome conduct of a sexual nature” is sexual harassment, which critics already have argued could include unwanted flirting or date invitations and some content of classroom curricula.
And the new policy demands immediate discipline for those accused of offending – hearkening to “Alice in Wonderland,” where the standard was sentence first, verdict later.
McCain, the ranking member of the Senate’s Permanent Subcommittee on Investigations, wrote to the DOJ expressing his concern that the civil rights division under Assistant Attorney General Thomas Perez “has circumvented the regular rulemaking process and congressional authority by redefining long-standing legal precedent,” according to the Foundation for Individual Rights in Education.
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