Here is the debunking of the Obama Title IX guidance Due Process talking point.

Betsy DeVos’s Title IX interpretation is an attack on sexual assault survivors

"DeVos also misrepresented the guidance itself, arguing that the Dear Colleague letter gutted due process protections for the accused. That’s false. The letter reaffirms schools’ obligation to provide for the rights of all parties involved in campus sexual assault cases and already requires many of the protections critics demand.
...
The good news is that over the last few years, a tremendous movement of Title IX champions — students and lawyers, teachers and legislators, many of them survivors — have come together to fight for victims’ civil rights. We’re better organized than this administration. And if the Education Department rolls back survivors’ rights, we’re ready to fight them in court, in Congress and in the streets."
Of course the Obama Title IX guidance did not originate in court or in Congress and said Fuck you the DOE makes the rules to both.