In 2011, a “Dear Colleague Letter” (DCL) that required schools provide access to bathrooms, showers, and dorm rooms based on gender identity, rather than biological sex was introduced by the Obama Education Department. It defined sexual harassment as “unwelcome conduct of a sexual nature”; required only that the alleged harassment potentially “interfere with or limit” access, rather than “deprive” the victim of access creating a “single-inquisitor” model where the investigator, prosecutor, and hearing officer could be the same person, and reduced the accused’s rights to a hearing to confront his accuser.
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