Education Secretary Betsy DeVos today rescinded a 2011 Obama administration memo that failed to provide due process for students accused of sexual assault.
No sexual assault should ever go unpunished. But this country’s laws and traditions place a bias in favor of the accused in order to protect the innocent.
According to Fox News:
The [Obama] memo requires colleges to investigate complaints even if there’s a separate criminal inquiry. It also established what has become a polarizing standard of evidence used to judge cases.
Unlike in criminal courts, where guilt must be proved beyond a reasonable doubt, colleges judge students based on whether it’s “more likely than not” they committed the offense.
In a fact sheet, the department said schools must address sexual misconduct that is “severe, persistent or pervasive,” while conducting fair and impartial investigations in a “timely manner.”
The department maintained the changes do not limit the rights of anyone to file such a Title IX complaint.
Title IX prohibits education programs receiving federal funding from discriminating on the basis of sex.
Can one imagine the potential for Kafkaesque proceedings under a “more likely than not” standard in the high-strung, liberal university environment?