Friday, March 11, 2016

Senator Says Department of Education Overstepped Authority Re: Title IX and Sexual Assault at Universities

   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.


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