Students accused of campus sexual assault are now guilty until proved innocent

Article here. Excerpt:

'After a wave of activism created a frenzy over campus sexual assault, the Obama administration twice rewrote federal rules governing how allegations must be handled at colleges and universities. In response to this movement, too many schools have adopted procedures that force accused students to turn to the courts for any hope of justice.

In particular, since 2011, when the Department of Education reinterpreted Title IX to require that sexual assault cases be judged by a “preponderance of the evidence” — a lower burden of proof than is used in criminal cases — more than 100 accused students have sued their schools. In most of these recent cases the colleges have lost, as they should have.

Our close examination of court records shows how the new mandates and procedures amount to a de facto presumption of guilt. It also shows that colleges are at best incapable of adjudicating allegedly criminal conduct, and at worst hopelessly biased.

The recent cases can be divided into two groups. In the first are colleges that considerably broadened the definition of sexual assault and, in some instances, applied the new definition to students who did not violate the rules in place at the time of their alleged misconduct.'

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