We are writing to urge Congress to conduct thorough investigations or hearings on the misapplication, abuse,
and unintended consequences of Title IX guidance and regulations issued over the past 13 years. Beginning
with the Department of Education’s (DOE’s) 2011 “Dear Colleague Letter,” followed by the 2014 guidance, and
culminating in the 2024 Title IX regulations that have been ruled unlawful and vacated by the U.S. District
Court for the Eastern District of Kentucky. In January 2025, the DOE’s Office for Civil Rights (OCR) agreed with
this ruling and reverted to the 2020 Title IX Rule. These guidelines or regulations have significantly impacted
American educational institutions, students (especially autistic), and faculty in ways that demand careful
scrutiny and the implementation of accountability measures to prevent such overreach in the future.

Our non-profit, Families Advocating for Campus Equality (FACE), exists because thousands of individuals
across this country have either witnessed or experienced the disturbing erosion of our civil liberties in campus
disciplinary procedures. Our advocacy is dedicated to ensuring that allegations of misconduct are respected
and addressed through transparent and equitable disciplinary processes. Our guiding principle is that justice
can only be achieved when processes are fair, impartial, and aimed at finding the truth.

OCR issued the 2011 "Dear Colleague Letter" as guidance for schools to handle cases of sexual harassment
and assault under Title IX without the oversight of our legal system. This letter introduced standards, such as
the "preponderance of the evidence" for disciplinary decisions related to sexual misconduct allegations, and
pushed for expedited investigation timelines that, while intended to support victims of sexual misconduct, have
resulted in a disturbing erosion of due process rights. Many students and faculty were denied fair hearings,
equal representation, an opportunity to thoroughly review evidence, or the ability to submit evidence. This has
resulted in wrongful decisions, mistrust of legitimate claims of misconduct, unjustified punishments, and the
misuse of limited disciplinary resources.

In 2014, the DOE doubled down on the 2011 guidance, further embedding processes that led to an imbalance
in how schools handle sexual misconduct cases under Title IX or non-Title IX policies. Fearful of federal
investigations and the potential loss of federal funding, many colleges and universities implemented policies
that often prioritized institutional protection over truth and fairness, disregarded fundamental human rights, and
presumed guilt.

In 2020 the DOE issued Title IX regulations – which, unlike the 2011 Dear Colleague Letter, went through a
robust public comment process – to restore some fundamental fairness and due process, but many colleges
and universities struggle to implement fair and unbiased processes. Instead, past injustices and deep-rooted
inequitable practices linger through many school's non-Title IX policies.

The cumulative impact of the abuse of Title IX and campus disciplinary processes has been
substantial:

1. Thousands of innocent students and faculty members have suffered reputational, emotional,
educational, and career damage under these inequitable disciplinary practices.

2. Mistrust in campus disciplinary findings has increased, as colleges and universities remain under
pressure to avoid federal scrutiny rather than prioritize fair, thorough investigations.

3. The original purpose of Title IX—to prevent sex discrimination in education—has been twisted to
create regulations and policies that do not treat all students equally.

We urge Congress to examine the following:

1. The Impact of the 2011 "Dear Colleague Letter" and 2014 Guidance: Conduct a full investigation
into how these guidelines or regulations led to the denial of due process rights and encouraged schools
to adopt policies that often placed students and faculty at a severe disadvantage. Consider enforcing
accountability measures to restore the good reputation of those who were affected. Accountability
measures could include, requiring schools to expunge the records of any one judged or punished under
biased or unreliable rules, or at a minimum, require OCR to resolve all discrimination complaints filed
within it’s agency, starting with those filed 7 or more years ago.

2. The Impact of the 2020 Title IX Final Rule: Assess any outcomes of the 2020 regulations to
determine if they have succeeded in restoring fairness and equity in campus disciplinary proceedings or
if further adjustments are necessary.

3. Oversight of the DOE’s Enforcement of Title IX: Evaluate the Department's role in pushing
schools toward regulations and policies that have violated constitutional and fundamental rights, and
consider accountability measures such as monetary penalties to prevent such overreach in the future.

4. Oversight of Schools’ Enforcement of non-Title IX Campus Investigations and Adjudications:
Evaluate how schools’ policies have violated constitutional and fundamental rights and consider
accountability measures such as monetary penalties to prevent such overreach in the future.

Congress has a duty to protect the constitutional rights of students and faculty and ensure that Title IX and
campus tribunals are implemented in a manner that is just, fair, and in line with our judicial system. We
respectfully urge you to take immediate steps to restore trust in our educational institutions by investigating the
policies that have, for too long, compromised these values.

Thank you so much for your attention to this critical issue. We look forward to seeing Congress act decisively
to restore the intended protections of Title IX and our legal protections to campus disciplinary systems.

Sincerely,
FACE. Families Advocating for Campus Equality
A Section 501(c)(3) charitable and educational foundation
www.facecampusequality.org/mission
www.facecampusequality.org/board-of-directors