Campus-assault crackdown provoking expensive backlash

Submitted by Mastodon on Mon, 2014-07-07 03:20

Article here. Excerpt:

'The Obama administration has been trying to crack down on campus sexual assaults by lowering the standard of evidence needed by university and college panels to convict suspects, but the policy change has provoked a backlash as accused students fight back with lawsuits.

Instead of “beyond a reasonable doubt,” as practiced in criminal courts, the new standard is “preponderance of evidence,” meaning it’s more likely than not that an assault occurred.

The policy change has resulted in more convictions and is starting to get expensive.

Really expensive.

While only four such lawsuits were filed against universities from 2008 to 2010, between 2012 and 2014 there were 18 cases, representing a four-fold increase, according to a report by Stop Abusive and Violent Environments that is touted as the “most comprehensive listing of campus sex lawsuits ever.”

“Nearly all charge the university failed to comply with fundamental due process requirements in adjudicating the claim,” the organization said.

And the financial tab?

At least $36 million.

The surge came immediately after the 2011 change in the Department of Education’s sexual assault policy to the “preponderance of evidence” standard.'

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Comments

I believe 55 schools are being investigated for their handling of sex assault cases. So which cases are being investigated? The ones where the accused was found innocent or found guilty? I suspect findings of guilt are almost never investigated.

Now, if the school can lose money because of its handling of a sex assault case and not guilty verdicts are the most likely investigated and a administrator is in charge of issuing a verdict and only a "preponderance of evidence" standard is in place, then guess what verdict the administrator is most likely to issue.

Most likely, it will be a finding of guilt. The administrator's knowledge that an innocent verdict could cost his school funding or result in an investigation will likely push that 49.9% finding to 50.1%.

In short, the game is rigged against the accused.

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Submitted by el cid on Mon, 2014-07-07 15:35