What Should the Standard of Proof Be in Campus Rape Cases?

Article here. Excerpt:

'A college student is accused of rape or sexual harassment by a classmate and denies the allegation. A campus investigation follows. At the end of the process, the presiding administrator must judge whether the charges against the accused have merit.

What standard of proof should be used?

That’s one of the key questions posed in Doe v. Lhamon, a federal lawsuit filed by a former University of Virginia law student and the Foundation of Individual Rights in Education.

The lawsuit seeks to overturn recent efforts by the Department of Education to lower the standard of proof in sexual-misconduct cases, forcing institutions of higher education to determine culpability based on a “preponderance of the evidence.” Under that standard, students are found culpable and punished if the chance that sexual misconduct occurred is even slightly more likely than that it did not occur.'