The Obama administration twice rewrote federal rules governing how allegations must be handled at colleges. In particular, since 2011, when DoED reinterpreted Title IX to require that sexual assault cases be judged by a “preponderance of the evidence” -a lower burden of proof than is used in criminal cases -more than 100 accused students have sued their schools. In most of these recent cases the colleges have lost, as they should have. Colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased. The vast majority of schools we studied now use procedures that stack the deck against accused students. Recent cases can be divided into two groups. In the first are colleges that considerably broadened the definition of sexual assault. The second group includes schools that violated their procedures, which were unfair to begin with.
latimes.com By KC Johnson and Stuart Taylor