Saturday, June 18, 2016

Preponderance of the Evidence

The Washington Post reports that a case has been filed challenging the right of the federal Office of Civil Rights to issue a Title IX directive to universities regarding the use of a "preponderance of evidence" standard in sexual assault cases. Unlike other cases in which an individual student disciplined under Title IX through an internal process has gone to outside court, this case challenges the procedure under which the directive was issued.

You can find the details (including the case filed) at this link:

Note: It's not clear to this non-lawyer how much difference it would make in the long run if the courts ruled that the procedure for issuing the directive was flawed. The Office could simply go through whatever hoops the courts required and come out with a similar directive. [I am making certain assumptions about who will be elected President in November here.] Perhaps someone knowledgeable in the legal area would like to comment. (???)  In the short run, a ruling favoring the plaintiff might lead to a reversal of convictions under the preponderance-of-evidence standards and possibly damages from the universities involved for past cases.

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