Not one college or university that I know of has resisted
the notorious “Dear Colleague” letter’ urging a lowering of the burden of proof
in campus sexual assault cases. Reasons for this timidity include the fact that
powerful forces within the academy fully support the attack on due process by
the Department of Education’s Office of Civil Rights, the source of the letter.
A reminder of which way the campus winds are blowing
comes in an email from the Association of Title IX Administrators–yes, the Title IX bureaucracy is bloated enough to
evolve an actual association like this. In its “Tip of the Week,” the
Association urges colleges and universities to modify their campus appeals
processes in such a way that would almost certainly render successful appeals
less likely. Specifically, the group wants to exclude from the appeals process
the college president–or, indeed, “any
high-ranking university official.” Why? Because “deciding appeals makes [top
administrators] a target personally for a lawsuit. Why serve that prize to the
plaintiff’s attorneys on a silver platter?”
Of course, if the goal is preventing lawsuits,
a better approach would be setting up a procedure that respects the rights of
all parties, including the accused student, recognizing that the truth is more
likely to emerge from a fair process in which all sides’ rights are respected.
But the Association has little interest in that sort of arrangement.
Continue reading More Advice on Railroading Males in Sex Cases
Another day, another two-tier student disciplinary policy–this time at Cornell. The Cornell Daily Sun reports that the university has modified its sexual assault policy, in response to pressure from the Russlynn Ali-led Office of Civil Rights in the Department of Education. As the Obama administration demanded, the key change comes in a lowering of the burden of proof to a preponderance of the evidence (50.1 percent) when Cornell students allege sexual assault. For all other disciplinary matters, however, the university will continue to employ a standard of clear and convincing evidence, which, Cornell’s disciplinary guidelines helpfully inform students (p. 29),”is a higher standard than the civil law’s more-likely-than-not standard.” In a demonstration of cowardice, not one member of the University Assembly voted against the rule change.
Continue reading The Kafka-like “Dear Colleague” Letter Wins at Cornell
Inside Higher Ed brings interesting news today about how the infamous “Dear Colleague” letter from the Obama education department–which requires all sexual assault and harassment cases to be judged by the lowest possible burden of proof, a preponderance of the evidence–has affected one university campus. In response to the letter’s mandate, the University of North Carolina has reconfigured its disciplinary procedures, in part due to a desperate hope to retain some semblance of due process for accused students.
Continue reading The Notorious “Dear Colleague” Letter in Action