Title IX & civil rights on campus.

mini
Mon, 23 Apr 2012 20:18:54 +0000

“I think relaxing the standard of proof while increasing the consequences is not the way to deal with either of these concerns.”

The standard of proof is NOT for rape. It is for contributing to an environment which is unconducive to learning for all students under Title IX. All colleges have offenses which would not be charged criminally (starting with plagiarism and cheating), but which might be taken up by the college in its disciplinary capacity. No one has lowered any standard for rape or sexual assault. Title IX’s key languag, simply forbids sex-based discrimination that denies access to educational opportunity.

The courts have long ruled that colleges can apply their disciplinary standards virtually without regard to legal ones. What Title IX did, in fact, was guarantee due process for the accused, something that is NOT guaranteed, for example, in cases of plagiarism and cheating.