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States consider stacking the deck against accused students as Trump administration pulls back
Article here. Excerpt:
'Maine, Maryland and Texas lawmakers are looking to codify affirmative consent, “an extreme set of rules for engaging in sexual activity that are almost impossible to follow,” Schow says. Here are the conditions under which a student can be found at fault for not getting affirmative consent:
Not obtained at “every step” of the sexual encounter
Sexual activity after drinking any amount of alcohol
Accuser “felt pressured into having sex or was too afraid to leave”
California, Connecticut and Mississippi are looking to codify parts of the 2011 “Dear Colleague” letter from the feds, which “threatened to remove federal funding if schools didn’t comply” and incentivized false accusations, Schow says.
California: “all forms” of “sexual violence” (including rebuffed sexual requests) are harassment under Title IX
Connecticut: Multiple stats on sexual-assault reports and adjudication results, the better to shame schools with few reports or few harsh penalties on accused students
Mississippi: No right to cross-examination but a higher evidence standard (“clear and convincing”) than imposed by Obama’s department'
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