Embedded in a civil lawsuit against Hillsdale College is an assault on the fabric of this small, private Christian school founded in 1844. The lawsuit, brought by two undergraduate women who allege that they were raped two years ago by male Hillsdale students of their acquaintance, alleges not only that the college was negligent in handling their complaints, but also that it failed to afford them the protection to which they were entitled under Title IX of the Education Amendments of 1972.
In 2011 the Obama administration turned Title IX into a sword in the armory of federal civil-rights law. On pain of losing federal money, including student financial aid, the Education Department compelled schools to adopt rules that deprived those accused of sexual misconduct of basic due-process protections. The Trump administration undid those rules, and the Biden administration is working to reinstate them. The problem with invoking Title IX against Hillsdale, however, is that the college takes no money from the government. “Not a cent,” says its president, Larry P. Arnn, which means that Hillsdale isn’t bound by Title IX.