The new rules:
The Obama rules essentially established a Star Chamber proceeding where the accused was required to prove his innocence without the benefits of due process. From an op-ed in the Washington Examiner by Robby Soave of Reason:
Even if the accused has solid evidence on his or her side, there is little guarantee that the individual would be afforded a fair hearing. Federal guidance discouraged cross-examination at misconduct hearings, instead recommending a single investigator model of adjudication. Under this model, one university official is appointed to determine the charges, collect statements from both parties, decide which witnesses to interview (if any), and then publish a report that effectively decides the matter.
Also it should be noted that the defenses that Biden is employing against Tara Reade’s allegations:
Key to [Biden’s] denial was the fact that the incident allegedly took place 27 years ago and that hard evidence to support former staffer Tara Reade’s sexual assault claim has not materialized. Biden supporters have also pointed out that Reade has told several different stories over the years about what allegedly happened.
would NOT matter under the Obama rules:
… the Obama-era standards essentially obligated universities to investigate all sexual misconduct complaints no matter how long ago they had occurred. Many are adjudicated months or even years after the incident in question. …
For another, universities have been encouraged to adopt a victim-centered approach to adjudication. This means that inconsistencies in a victim’s story are not considered disqualifying: On the contrary, they are to be anticipated. The University of Texas at Austin’s sexual assault investigation training materials, for instance, stress that “trauma victims often omit, exaggerate, or make up information when trying to make sense of what happened to them or to fill gaps in memory.”
Yet Shaheen has not said she believes Reade and that Biden should step aside. Rules for thee but not for me and mine.
And … as usual … not one question to Shaheen from the New Hampshire press about the double standard.