Betsy DeVos, the Education Secretary, announced on September 7th that her department would review the Title IX sexual assault guidelines set in place by the Obama administration.
The administration created the guidelines following the campus rape hysteria drummed up by feminists. Feminist cited a study that claimed 1 in 5 women in college experience sexual violence. Later studies showed that the rate was grossly inflated and place the actual rate at about 1 in 52.
The major issue with the guidelines is that it requires colleges to lower the standard of proof in sexual assault cases. I highlighted this in a post from 2014. The standard was lower to a preponderance of evidence, which is the same standard used in civil court. This standard only requires a more likely than not finding in order to rule in favor of the complainant. One can see the immediate problem when applying this to a criminal offense. It is entirely possible for an innocent person to appear guilty based on limited or circumstantial evidence.
However, the new guidelines make matters much worse. As I noted in another post, accused students are not afforded council, not allowed to the see the evidence against them, not allowed to cross-examine witnesses, not allowed to present witnesses, and often are not informed of the complaints until the process is well underway. This forces the accused to prove their innocence, something that is a clear violation of constitutional law. Continue reading