Letters: ‘The ACLU’s Stance Is Entirely Appropriate’

The ACLU Declines to Defend Civil Rights

Updated at 10:17 p.m. ET on November 29, 2018.

In a recent statement, the civil-liberties organization opposed new Title IX guidelines put forward by Secretary of Education Betsy DeVos. By taking a stand against stronger due-process protections in campus tribunals, Conor Friedersdorf argued last week, the organization undermined its own principles.

Friedersdorf argues that Title IX cases should be held to the “beyond a reasonable doubt” standard, as is used in criminal cases, but Title IX procedures are not criminal. Indeed, the ACLU’s blog post (which Friedersdorf quotes) states, “The customary standard of proof for civil proceedings … requires proof by a preponderance of the evidence, which is more than 50 percent.” If Title IX hearings are civil, not criminal, then why should criminal standards apply? Why do sexual-harassment proceedings require criminal-law standards when other civil