New sexual assault mandate causes national controversy

Article here. Excerpt:

'The letter stated that in hearings for these cases, schools must adhere to a standard of "preponderance of evidence."

That means it is more likely than not that the accused committed the act. This is the lowest legal standard of evidence. The Foundation for Individual Rights in Education (FIRE) has been one of the most outspoken critics of the new mandate.

"This is too low of a standard," Will Creeley, the director of legal and public advocacy for FIRE, said. "This is the same standard used in hearings for speeding tickets."

The campus sexual harassment standards explained by the OCR letter are a part of Title IX, a U.S. law designed to ensure gender equality on campus. The letter reminded schools of their obligation to take immediate action against the harassment and address its effects.

"It is a college's moral and legal duty to respond to such allegations, but shifting the burden of evidence just leads to more innocent students being accused," Creeley said. "It doesn't increase justice, it just widens the net."

FIRE believes a "clear and convincing" evidence standard would serve both the victims and the accused more fairly.

"This move is well-intentioned, but lowering the standard is not the right way to go about it," Creeley said. "If there is an epidemic of these sexual assaults on campus, I don't think you lower that number by making it easier to accuse.'