McCain Challenges DOJ's Authority in Controversial University of Montana Settlement
Arizona Senator John McCain has questioned the Department of Justice's (DOJ) authority in a recent settlement with the University of Montana. The settlement, hailed as a 'blueprint' for colleges nationwide, has sparked controversy over its broad definition of sexual harassment and potential impact on students and educators.
McCain's letter, sent on June 17, 2013, challenges the DOJ's power to engage in de facto rulemaking through the settlement. The DOJ's authority to revise Title IX jurisdiction comes from its executive branch powers and ability to enter legally binding agreements. The settlement mandates a broad definition of sexual harassment, rejecting the 'reasonable person' standard, and has raised concerns about innocent behavior being investigated or punished.
The Foundation for Individual Rights in Education (FIRE) has led national criticism of the settlement, praising McCain's inquiry. FIRE, a nonprofit advocating for individual rights and academic freedom, offers a comprehensive FAQ about the mandate on its website. The DOJ and Department of Education have jointly promoted the settlement as a model for institutions across the country.
McCain has requested answers from the DOJ by July 17, 2013, regarding its authority in the settlement and the potential for wrongful convictions under the new standard. The DOJ's response will likely provide clarity on the executive branch's role in Title IX enforcement and the implications of the settlement for colleges and students.
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