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| | With respect to any student-on-student complaint, the school "must use a preponderance-of-the-evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding and hearings."<ref name=qa/> So, even if a school has a long-standing tradition of presuming the accused to be innocent and requiring proof beyond a reasonable doubt, the Department of Education's interpretation of Title IX is making it much easier to find that the male should be punished. In fact, the Title IX procedures requires the college to take steps against the accused while the proceeding is pending so as to avoid the student filing the complaint to feel exposed to potential harassment from the accused. | | With respect to any student-on-student complaint, the school "must use a preponderance-of-the-evidence (i.e., more likely than not) standard in any Title IX proceedings, including any fact-finding and hearings."<ref name=qa/> So, even if a school has a long-standing tradition of presuming the accused to be innocent and requiring proof beyond a reasonable doubt, the Department of Education's interpretation of Title IX is making it much easier to find that the male should be punished. In fact, the Title IX procedures requires the college to take steps against the accused while the proceeding is pending so as to avoid the student filing the complaint to feel exposed to potential harassment from the accused. |
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| − | Since none of this has been adopted as official regulation, it can be easily reversed by the Trump Administration. Also the accused male students have every incentive to allege that the woman had subjected him to sexual violence. Cases that were quietly resolved by campus judicial systems before this expansion of Title IX, now frequently result in extensive litigation.
| + | Also the accused male students have every incentive to allege that the woman had subjected him to sexual violence. Cases that were quietly resolved by campus judicial systems before this expansion of Title IX, now frequently result in extensive litigation. |
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| | “Due process is the foundation of any system of justice that seeks a fair outcome,” Secretary of Education Betsy DeVos said. “The notion that a school must diminish due process rights to better serve the ‘victim’ only creates more victims.”<ref name=sun>{{cite news|url=http://cornellsun.com/2017/09/07/devos-slams-failed-title-ix-system-suggests-better-way/|title=DeVos Slams ‘Failed’ Title IX System, Suggests ‘Better Way Forward’|date=September 7, 2017|accessdate=September 7, 2017|work=Cornell Sun}}</ref> | | “Due process is the foundation of any system of justice that seeks a fair outcome,” Secretary of Education Betsy DeVos said. “The notion that a school must diminish due process rights to better serve the ‘victim’ only creates more victims.”<ref name=sun>{{cite news|url=http://cornellsun.com/2017/09/07/devos-slams-failed-title-ix-system-suggests-better-way/|title=DeVos Slams ‘Failed’ Title IX System, Suggests ‘Better Way Forward’|date=September 7, 2017|accessdate=September 7, 2017|work=Cornell Sun}}</ref> |
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| | “I don’t think Washington has helped much and their presumption that universities aren’t dealing with this problem is wrong,” said Hunter R. Rawlings III, past Cornell President and past President of the Association of American Universities. “The federal government is demanding we be on top of the issue, but where they presume we’re not doing a good job it’s not helpful.”<ref name=sun/> | | “I don’t think Washington has helped much and their presumption that universities aren’t dealing with this problem is wrong,” said Hunter R. Rawlings III, past Cornell President and past President of the Association of American Universities. “The federal government is demanding we be on top of the issue, but where they presume we’re not doing a good job it’s not helpful.”<ref name=sun/> |
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| | + | Since none of this was adopted as official regulation, it was later reversed by the Trump Administration, which was criticized by women's groups and liberals. |
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| | ==Admissions== | | ==Admissions== |