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The Obama Administration Remade Sexual Assault Enforcement on Campus. Could Trump Unmake It?
Article here. Excerpt:
'And feminist legal theorist Janet Halley, their colleague who has contested the OCR's process in the Harvard Law Review, describes the “Dear Colleague” letter as a case of “administrative overreach.”
Halley, who has participated in sexual-violence cases at Harvard, has had concerns about their fairness from the beginning.
She took pains to say that she cares deeply about sexual assault, but she worries about an overcorrection, prompted by OCR, that moves universities from ignoring the rights of accusers to trampling on those of the accused.
“Just imagine if you were asked to go in to explain why you didn’t commit a sexual assault,” Halley said. With no information as to what you’re accused of, who’s accusing you, or when it allegedly happened, “you’re required to start explaining yourself. And you’re 18 years old, and no one is helping you."
Halley describes the new system as all but designed to produce “false positives” — innocent students wrongfully punished — both because of the looser evidentiary standard and because of Title IX officers’ desire to produce numbers that show they're taking sexual violence seriously.
In her own experience, Halley says, that has meant that a disproportionate share of those accused, and those punished, are men of color and those who have less access to family resources and legal help.'
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