College Rape Accusations and the Presumption of Male Guilt

Article here. Excerpt:

'OCR's new interpretation of Title IX "strongly discourages" universities from permitting the accused "to question or cross-examine the accuser" during the hearing. In addition, if universities provide an appeals process, it must be available to both parties—which subjects the accused to double jeopardy.

Most egregiously, OCR requires universities to render judgment using "a preponderance of the evidence" standard. This means that in a rape case, a campus disciplinary board of faculty, administrators and perhaps students serves as both judge and jury. Few if any of these judges are likely to have professional competence in fact-gathering, evidence analysis or judicial procedure. Yet to deliver a verdict of guilty, they need only believe that the accused is more likely than not to have committed the crime.
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On campus, where casual sex is celebrated and is frequently fueled by alcohol, the ambiguity that often attends sexual encounters is heightened and the risk of error in rape cases is increased. The consequences for a wrongly convicted student are devastating: Not only is he likely to be expelled, but he may well be barred from graduate or professional school and certain government agencies, suffer irreparable damage to his reputation, and still be exposed to criminal prosecution.
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In short, universities are institutionalizing a presumption of guilt in sexual assault cases. This implements the doctrine developed in the 1980s and '90s by postmodernists, radical feminists and critical legal studies scholars that inspired the ruinous campus speech codes. That doctrine teaches that the American political order is designed to oppress the weak; that racial minorities and women, whether they realize it or not, are victims; and that the truth, except for the first two propositions, is infinitely malleable.'