The Office for Civil Rights’ ‘Dear Colleague’ letter changed everything. The 2011 Dear Colleague letter established three important precedents that would harm the quest for fairness in college disciplinary proceedings. First, it enshrined the preponderance-of-the-evidence standard. Second, “OCR strongly discourages schools from allowing the parties personally to question or cross-examine each other during the hearing.” Lastly, the letter established the right of complainants to appeal an unfavorable outcome—a departure from the norms of Western justice, which traditionally hold that not-guilty verdicts are final…An increasing number of legal experts admit that there’s something deeply disturbing about the approach championed by OCR.
reason.com By Robby Soave