united-states constitutional-law trial
Title IX and the &quot;Dear colleague&quot; letter
<p>According to <a href="http://nypost.com/2017/02/11/why-college-guys-should-be-terrified-of-campus-hookups/" rel="nofollow noreferrer">this</a> article in the New York Post:</p>

<blockquote>
  <p>the Obama administration, which in 2011 issued a “Dear Colleague” letter that detailed certain disciplinary processes universities must use to adjudicate sexual assault complaints. These processes lowered the standard for finding a student guilty. They encouraged colleges to keep students who hadn’t been found guilty away from their accusers. <strong>They made it harder for accusers to defend themselves by banning direct cross-examination of accusers and they allowed accusers to appeal not-guilty decisions.</strong></p>
</blockquote>

<p><sup><em>Emphasis mine</em></sup></p>

<p>This surprised me (I let out an audible <em>"what the..."</em>) because what is described above seems like a clear breach of due process, guaranteed by the Fifth Amendment. </p>

<p>This prompted me to read the actual letter, found <a href="https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix-transgender.pdf" rel="nofollow noreferrer">here</a>; however, I could not find any mention of appealing a not-guilty verdict, which—I think—is not allowed by the <a href="https://www.law.cornell.edu/wex/double_jeopardy" rel="nofollow noreferrer">Double Jeopardy clause</a>, also in the Fifth Amendment.  </p>

<p>Where are the laws that affirm what is bolded in the quote above?</p>

<p><strong>Edit</strong></p>

<p>This is the actual letter: <a href="https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf" rel="nofollow noreferrer">https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf</a></p>

<p>The Fifth and Sixth Amendments are about civil and criminal court proceedings.  They do not apply to a university's internal disciplinary procedures, which are the subject of the Dear Colleague letter.</p>

<p>Note for example the text of the Fifth Amendment:</p>

<blockquote>
  <p>... or be deprived of life, liberty, or property, without due process of law.</p>
</blockquote>

<p>A university's disciplinary procedures do not deprive anyone of their life, liberty, or property.  Typically, they only decide whether to suspend or expel the person as a student at the university, or apply other academic punishments (failing grades, marks on transcript, etc).</p>

<p>I don't think there needs to be any law "affirming" this.  Rather, there is simply no law that requires universities to use Fifth / Sixth amendment standards in their internal disciplinary procedures.</p>
