Report: College Sexual Assault Policies Unfair to Accused Students

Article here. Excerpt:

'A lawyers group is arguing that the federal government’s Title IX guidance deprives college students accused of sexual assault of their fundamental rights.

The American College of Trial Lawyers came to the conclusion after commissioning a report by the Task Force on the Response of Universities and Colleges to Allegations of Sexual Violence.

The ACTL recommended colleges use the “clear and convincing” standard of guilt to discipline students for sexual assault.

“The proposal that colleges and universities apply the ‘clear and convincing evidence’ standard strikes a compromise between the ‘preponderance of evidence’ standard of current investigations and the ‘reasonable doubt’ standard applied in criminal proceedings,” Pamela Robillard Mackey, chair of the Task Force, said. “Our recommended standard diverges from the formal guidance issued by the U.S. Department of Education’s Office for Civil Rights, and we expect that it will generate robust discussion and debate, both from victim advocates who may believe it should be lower, and representatives of accused students who may prefer a more stringent standard.”'

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