A_Slab_of_Bacon
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This section should send a chill through anyone who could be falsely accused:
It is difficult to overstate how stacked the decks are against the accused even when colleges adhere to proper Title IX procedure. Most colleges once required “clear and convincing” evidence that a student had committed a forbidden act. A few, such as Stanford University, applied the tougher criminal court standard of guilt as “beyond a reasonable doubt.”
All of that changed in 2011 when the Education Department sent a “Dear colleague” letter to the thousands of schools that receive federal funds. Concerned that too many universities tended to shrug off terrible behavior as “kids will be kids,” this letter recommended that universities adopt a far looser standard of guilt known as “more likely than not.” Universities were urged to speed investigations and to stop giving defendants the right to cross-examine their accusers or to have lawyers present.
A trapdoor opened beneath the feet of the accused. I would argue that these changes completely upended concepts of fairness; the right to cross-examine an accuser, for instance, has been a bedrock constitutional protection.
This section should send a chill through anyone who could be falsely accused:
It is difficult to overstate how stacked the decks are against the accused even when colleges adhere to proper Title IX procedure. Most colleges once required “clear and convincing” evidence that a student had committed a forbidden act. A few, such as Stanford University, applied the tougher criminal court standard of guilt as “beyond a reasonable doubt.”
All of that changed in 2011 when the Education Department sent a “Dear colleague” letter to the thousands of schools that receive federal funds. Concerned that too many universities tended to shrug off terrible behavior as “kids will be kids,” this letter recommended that universities adopt a far looser standard of guilt known as “more likely than not.” Universities were urged to speed investigations and to stop giving defendants the right to cross-examine their accusers or to have lawyers present.
A trapdoor opened beneath the feet of the accused. I would argue that these changes completely upended concepts of fairness; the right to cross-examine an accuser, for instance, has been a bedrock constitutional protection.
Twenty-eight members of the Harvard Law faculty signed an open letter in The Boston Globe that read: “Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation.”
Waiting for Cruze......[emoji849]
Sent from my SM-G960U using Tapatalk