![]() Hans Bader, a former Education Department lawyer, says that nothing in Title IX justifies taking away an accused person's right to a firm presumption of innocence, requiring clear and convincing evidence. How did Ali and her fellow lawyers in the Department of Education manage to find in the Title IX gender-equity statute grounds for demanding colleges to adopt a "preponderance of evidence" standard? That is a mystery. And FIRE has been far from alone in criticizing the policy guidance commentators from Hans Bader to Roger Pilon to our own Harvey Silverglate have weighed in similarly. OCR has now mandated that universities discipline students under the lowest standard of proof possible, a mere 50.01% standard that requires that guilt be found if the evidence presented tips only slightly in favor of the accuser. Of course, we have made no secret of our disagreement with several aspects of the OCR letter, which was issued by Assistant Secretary for Civil Rights Russlynn Ali -especially the imposition of the preponderance standard of proof to govern such serious, complex matters as sexual assault and sexual harassment. Sommers writes that OCR's April 4 "Dear Colleague" letter, mandating that federally funded institutions use the "preponderance of the evidence" standard of proof to adjudicate these cases on campus, places universities in a difficult position and compromises campus justice in situations where much is at stake for the careers and lives of students. Department of Education's Office for Civil Rights' (OCR's) recent policy guidance to colleges and universities regarding their obligations to address sexual harassment and sexual assault of students. In a stirring piece for The Chronicle of Higher Education, FIRE Board of Advisors member Christina Hoff Sommers takes on the most serious due process problems presented by the U.S.
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