Day by Day Cartoon by Chris Muir

Wednesday, December 30, 2015

The New Standard for Campus Sexual Assault -- Guilty until Proven Innocent

From The National Review:
Barack Obama and his appointees adopted a radically different approach. In April 2011, the OCR sent college administrators a 19-page “Dear Colleague” letter that ordered colleges and universities that receive federal funds (as almost all do) to change their disciplinary procedures regarding sexual assault. Each of the required changes — reducing the burden of proof in campus sex cases (and only in those cases) from “clear and convincing evidence” to “preponderance of the evidence,” introducing a form of double jeopardy by allowing accusers to appeal not-guilty findings, and demanding accelerated investigations that hamper the ability of accused students to gather evidence to defend themselves — increased the likelihood of guilty findings.

Worst of all, the letter “strongly” discouraged institutions from allowing an accused student to cross-examine his accuser. And a 2014 missive from the OCR threatened schools that allow such cross-examination — “the greatest legal engine ever invented for the discovery of truth,” as the Supreme Court has repeatedly called it — with a charge of “perpetuat[ing] a hostile environment,” which is illegal.
Yet another example of executive overreach.

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