Gersen explains why this kind of enforcement is not just problematic, but illegal.

FIRE reports.

Harvard Law Prof in ‘Wall Street Journal’: ‘Feds Use Title IX to Bully Universities’

In a weekend opinion piece for the The Wall Street Journal, Harvard Law School professor Jacob Gersen criticized the federal government for enforcing its Title IX “guidance” as law.

Since the Department of Education’s Office for Civil Rights’ (OCR’s) 2011 “Dear Colleague” letter, which threatened non-complying colleges and universities with loss of federal funding, FIRE has repeatedly warned that the guidance was being enforced as law. As Gersen points out, the guidelines were published by OCR as a “general policy statement,” meant to be merely advisory and, thus, not subject to the notice-and-comment procedures required by the Administrative Procedure Act. Gersen argues OCR’s repeated assurances that such a statement was indeed nonbinding, but then enforcing it, amounts to procedural loophole jumping: