Problems with campus sexual assault bill

Article here. Excerpt:

'Senator Claire McCaskill (D-Missouri) says having college administrators use a "preponderance of evidence" as a standard for dealing with someone accused of rape or sexual abuse is an expedient way of expelling someone they believe is guilty.

But Joseph Cohn, legislative and policy director for the Foundation for Individual Rights in Education, believes that's irresponsible.

"It provides tremendous resources to student complainants in the form of confidential advisors, but no resources whatsoever are provided to accused students – and that gives complainants a leg up in the process," he explains.

Cohn says these investigations wouldn't consist of witnesses testifying under oath, and there would be no discovery and no forensic evidence would be presented.

"... It's not that the preponderance of the evidence can never be fair," he continues, "but on campuses that don't include any of those other protections, reducing the burden of truth to the preponderance of evidence is very problematic."'

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