OUTRAGEOUS: The Coin Flip Standard To Determine a Rapist Continues at Universities
Secretary of Education Betsy DeVos’ decision to amend the Obama administration’s guidance regarding campus sexual assault has prompted Title IX coordinators at various universities to reassure their students that they are committed to preventing and responding properly to sexual violence… Among the 2017 new guidance’s most significant changes is allowing universities to choose a higher standard of evidence when adjudicating Title IX cases. The “clear and convincing” standard to judge accused students roughly translates to 75 percent certainty. Officials can also continue using the “preponderance” standard, a 50.01-percent certainty standard that had been mandated under Obama. The preponderance standard is one of the lowest standards of evidence that can be used to adjudicate assault claims. Some campus leaders say they will continue to use that low standard. This is a shove to the spirit of the new guidance, which was created because the preponderance standard, critics argue, has failed to adequately ensure due process rights to the accused.
thecollegefix.com By Jeremy Beaman