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New Standard for Investigating Sexual Misconduct Cases?

By Net Assets posted 05-05-2017 08:12 AM

  

Under the Obama administration, the Office of Civil Rights sought to strengthen the reinforcement of Title IX, but the OCR's newly appointed acting head, Candice Jackson, is unlikely to do the same. The new leadership will likely curtail, through budgetary restrictions or inaction, Obama-era measures to reduce sexual misconduct on college campuses. However, the American College of Trial Lawyers cautions campuses should not become complacent and has developed recommendations about which standards to use when investigating sexual misconduct charges. The ACTL argues schools should adopt a moderate standard of "clear and convincing evidence" to convict, stronger than a "preponderance of evidence" which is the current standard, but weaker than the "reasonable doubt" standard favored by criminal defense lawyers. The moderate standard most likely will not fully satisfy advocates for either victims or defendants, but is the most fair in a civil justice system, the ACTL asserts.  

Chronicle of Higher Education (4/30/17)

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