Chapter 4 provides original data on the way sexual assault was adjudicated across the country in the wake of the Dear Colleague Letter. The chapter presents data gathered from eighty-five of the top colleges and universities over a twenty-seven-month period, from October 2014 to January 2017. It asks about rights deemed fundamental in a criminal trial including: the right to a live hearing, the right to question the opposing party, the right to appeal, and the right to remain silent.

Chapter 6 discusses Title IX under Secretary DeVos. It begins by describing how the Department of Education quickly broke from its predecessor before recounting the two-year process of promulgating new regulations. It then turns to the first of a two-chapter deeper dive into changes made to Title IX. Here, the chapter focuses on how the new regulations narrow what counts as actionable sexual harassment and weaken oversight of schools by the Department of Education. The chapter contends that most of these changes are deeply problematic and should be reversed.

Chapter 3 investigates the problematic beginnings of the 2011 Dear Colleague Letter (DCL) issued by the Department of Education Office for Civil Rights (OCR) under President Obama. It explaina how the DCL misrepresented existing data, violated the Administrative Procedure Act by changing the law without going through notice and comment, and flouted existing norms. In the process, the chapter provides an in-depth discussion of the changes brought about by the DCL, including mandating a lower standard of proof in sexual assault hearings.

Chapter 5 evaluates the fairness of DCL-influenced proceedings under two theories: violation of procedural due process and breach of contract for failure to comport with basic procedural fairness. The first, which is grounded in the U.S. Constitution, provides a stronger basis for recovery. However, it requires state action, which means it is probably only available to public school students. The chapter argues that under either theory, the procedural protections provided are inadequate.