Samuel R. Bagenstos, who served as general counsel for the HHS under the Biden administration, said there are typically due-process requirements — such as statements of findings, hearings, and appeals — in cases alleging violations of civil-rights law. (Columbia has been accused of running afoul of Title VI, which bars discrimination in education based on race, color, and national origin.)
“Congress set forth specific procedures for suspending or terminating funds based on allegations of discrimination,” Bagenstos, a law professor at the University of Michigan at Ann Arbor, wrote via a LinkedIn message. “This purported ‘immediate cancellation’ complies with none of them.”
The administration’s decision comes without clear evidence of wrongdoing by Columbia under Title VI, said Jonathan S. Fansmith, senior vice president for government relations and national engagement at the American Council on Education.
I only just learned of Barry’s passing, and I’m enormously saddened at the news. I wrote my PhD on his…



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