Law Professors Defend Use Of Preponderance Standard In Campus Rape Cases

Article here. Excerpt:

'A group of more than 90 law professors from at least three dozen different universities signed onto a white paper, to be released Sunday, defending the U.S. Department of Education’s guidance on how colleges should handle sexual assault cases.
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The preponderance standard is used in civil lawsuits. In criminal courts, there’s a higher standard to establish someone’s guilt: “proof beyond a reasonable doubt,” meaning there’s hardly any chance the accused person isn’t guilty.
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“There is a mistaken tendency to assume that the Department of Education is policing rape on college campuses and should therefore use the background norms of criminal law as an appropriate model for adjudication procedures,” Baker told The Huffington Post. “In fact, the department is responding to the overwhelming evidence that a culture of male sexual entitlement permeates college campuses and that women suffer disproportionately from having to live, study, and try to learn in that environment.”'