NO one wants sexual harassment or assault to be ignored. But the processes used to investigate related allegations on many college campuses increasingly resemble kangaroo courts.

It appears those potentially unconstitutional processes have been adopted due to pressure from the federal Department of Education through means that bypassed valid rule-making procedures.

In a recent letter, U.S. Sen. James Lankford, R-Oklahoma City, raised important questions about the department's activities. Lankford noted the agency issued “Dear Colleague” letters to colleges in 2010 and 2011 that “purport to merely interpret statements of existing law …” Yet neither letter pointed to any “precise governing statutory or regulatory language to support their sweeping policy changes.”

Lankford argues the letters effectively implemented new regulations while avoiding the requirements of

rule-making, such as solicitation of public comment. Had the agency done so, many prominent legal experts, both liberal and conservative, might have challenged the agency's prescriptions.