Senator Says Department of Education Overstepped Authority Re: Title IX and Sexual Assault at Universities
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I don't understand the legal issues, but the "Dear Colleague" letters have at least some very bad consequences. Universities are interpreting them to mean that they must employ a preponderance of evidence standard (as opposed, most prominently, to a beyond a reasonable doubt standard). This means that male students are being, in effect, convicted of rape on the grounds that there is some non-zero degree to which the evidence seems to support the charges more than it fails to support the charges.
And that is not obviously reasonable, to say the least.
I don't understand the legal issues, but the "Dear Colleague" letters have at least some very bad consequences. Universities are interpreting them to mean that they must employ a preponderance of evidence standard (as opposed, most prominently, to a beyond a reasonable doubt standard). This means that male students are being, in effect, convicted of rape on the grounds that there is some non-zero degree to which the evidence seems to support the charges more than it fails to support the charges.
And that is not obviously reasonable, to say the least.
posted by Winston Smith at
5:05 PM
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