<p>The Office of Civil Rights issued a letter to all colleges in the US declaring that every college must immediately comply with their new guidelines if they want to be eligible for federal money. Henceforth, alleged perpetrators of sexual harassment will lose their 5th amendment due process rights in defending themselves against accusations of sexual harassment. These charges can include everything from suggestive jokes, staring, date rape or lewd behavior, and the penalties can range from suspension to expulsion.</p>
<p>The Office of Civil Rights has decided to lower the standard for adjudicating these cases from a "clear and convincing" standard ( beyond a reasonable doubt) to a preponderance of evidence used in civil trials, where it only has to be determined that it is more likely than not that the sexual harassment occurred. With this standard of proof, you only need to show that it is 50.00001% likely the incident occurred. Obviously, it is a travesty equating sexual harassment charges to civil cases, where one involves financial settlements and the other serious allegations which can destroy the life of the accused.</p>
<p>In addition to lowering the standard of proof, the OCR has also extended the right of appeal to the alleged victim; thereby, eviscerating the double jeopardy rights of the accused. In the new system, if the alleged victim doesn't like the outcome, he/she can ask for new hearing and subject the accused to more litigation, even if it was determined that no violation occurred. </p>
<p>This is a sad day for the rights of individuals on college campuses. Constitutional protections do not extend to college students. So all men who are about to enter college or are heading back this fall, remember your rights to a fair hearing, if unjustly accused of a sexual harassment incident, has been severely diminished under this new regime.</p>
<p>I don’t think the preponderance of the evidence standard is appropriate for this kind of case (or really for anything disciplinary). That standard is used for civil disputes. It should not be used for situations involving potential punishments.</p>
<p>Is the preponderance of the evidence used also in awarding punitive monetary awards? When you see someone sue for double the damages. I agree that it’s not appropriate, but it is similar.</p>
<p>as the mother of a college son… i am not happy with these paragraphs:</p>
<p>OCR’s new interpretation of Title IX “strongly discourages” universities from permitting the accused “to question or cross-examine the accuser” during the hearing. In addition, if universities provide an appeals process, it must be available to both parties—which subjects the accused to double jeopardy.</p>
<p>Most egregiously, OCR requires universities to render judgment using “a preponderance of the evidence” standard. This means that in a rape case, a campus disciplinary board of faculty, administrators and perhaps students serves as both judge and jury. Few if any of these judges are likely to have professional competence in fact-gathering, evidence analysis or judicial procedure. Yet to deliver a verdict of guilty, they need only believe that the accused is more likely than not to have committed the crime.</p>
<p>This is the lowest standard. It is much less demanding than “beyond a reasonable doubt,” which is used in the criminal justice system, and the intermediate standard of “clear and convincing proof.”</p>
<p>not sure that in a rape case…it should be determined by the college… should this not be decided by the proper authorities and process?? If the college should pass judgement i would think it would be harder to find a fair trial when it proceeds to a court</p>
<p>vladenschlutte… what i meant was…should something happen… i would hope that the woman or the college would take it to the police immediately and it should proceed from there…i dont like the idea of a college board deciding a young man’s fate and passing a mandatory “judgement” with a low standard first.</p>
<p>Questioning an author’s bias isn’t a political statement. It is what all well educated people do. The evaluate the source of the information. Therefore, I question the reliability of this author, Peter Berkowitz, given his association.</p>
<p>Well, we need to teach our sons to be careful in dealing with people and treat opposite sex with due respect and know who to be associated with and who should be kept at an arms length. That is a fundamental of how to survive in a jungle out there. Smart kids will know better. I hope mine does. Or I will kick myself for not being a good parent.</p>
<p>This is too technical legally for me to discuss much. But…
Does this apply to harassment, etc by EITHER GENDER?
Also, what is this change is response to??</p>
<p>Colleges can act as little kingdoms in certain matters. Parent56, if the victim doesn’t report a crime to outside authorities, even refuses to, but brings it to the college’s attention, that’s who deals with it.</p>
<p>There have already been several cases testing this new rule. The schools were all allowed to continue with their action of dimissing the boys based upon accusations by the girls. In each case I can recall, no legal actions outside of the school were pursued or followed by the state or federal authorities.</p>
<p>As someone who is actively seeking out a college in which I will not continue to be sexual harassed by any classmate, I have to say that I was slightly relieved to see this post. My high school’s district for example has such a low prosecution rate of alleged sexual harassment cases that trying to take anyone to trial and/or reporting sexual assault to school officials is a joke. What you may consider to be ‘little things’ such as staring, suggestive jokes, etc. are not something to be taken lightly because they turn the learning environment into a place where all there is, is fear. And in my personal experience, people can differentiate between staring that is without bad intention, and staring that is voyeuristic, threatening, or disgustingly persistent and dirty. And oftentimes, these lesser violations are just what preface obsession, touching, etc. and more major violations.</p>
<p>This legislation is most certainly a step in the wrong direction, because of it taking away the rights of the accused, but nonetheless, there needs to be major change in which the way student harassment is handled.</p>
<p>“He probably raped her - but we can’t prove it. Let’s just let him run loose around campus until we get some further evidence.” This is the perspective that most schools have today. And it’s problematic.</p>
<p>And not all people accused of sexual harassment are male, so please don’t make this about protecting sons. And no one who raised their child right should be worried about false accusations of rape, etc. against their child, because their reputation would/should precede them.</p>
<p>I realize that many of you will not agree with much of what I said above, but I think that the perspective of a victim needs to be added here. And personally, I know no one who would go to the trouble of prosecuting someone for something that can be done accidently or with a momentary lapse in gentlemanly (or womanly…) manners. So many rape trials, for example, do not result in evidence being sufficient enough because tools like rape kits are not as well-known or used as often as they should be.</p>
<p>Read it all. See the way it seems to focus on sexual violence or repeated harassment. And, in some cases, allow for various responses. I’ll read it again, too.</p>
<p>belle, i hope you find that college, as no one should be harrassed or fearful. the only issue i would have with your post is i think it might be naive to believe that if you have been raised “right” and have a good reputation that you will not ever be falsely accused.</p>
<p>This is controversial? (taken from lookingforward’s first link)</p>
<p>What are a school’s obligations under Title IX regarding sexual violence?
• Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate or otherwise determine what occurred.
• If sexual violence has occurred, a school must take prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects, whether or not the sexual violence is the subject of a criminal investigation.
• A school must take steps to protect the complainant as necessary, including interim steps taken prior to the final outcome of the investigation.
• A school must provide a grievance procedure for students to file complaints of sex discrimination, including complaints of sexual violence. These procedures must include an equal opportunity for both parties to present witnesses and other evidence and the same appeal rights.
• A school’s grievance procedures must use the preponderance of the evidence standard to resolve complaints of sex discrimination.
• A school must notify both parties of the outcome of the complaint.</p>