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Colleges Must Promote Personal Responsibility, Not 'He-Said, She-Said' Trials
Article here. Excerpt:
'The federal government has intervened in an apparent effort to raise the conviction rate in such campus sexual assault trials, using the gender equity provisions of Title IX. In 2011 the Office for Civil Rights (OCR) of the Department of Education advised colleges that they must use the “preponderance of evidence” standard of civil court proceedings, not the “beyond a reasonable doubt” standard of criminal trials. Within a year, almost all institutions, including UNC, had complied rather than risk the loss of federal funding.
The lower standard of proof will result in more convictions—of both guilty and innocent individuals. For some, perhaps, a few false positives are merely the collateral damage of outcomes that are more just in aggregate. But this is not a convincing argument in a society that values individual rights. The lower penalty for a conviction in a college court—a “rapist” label and career-shattering expulsion, rather than imprisonment—does not justify a lower standard of proof.'
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