Dept of Education orders universities to lower burden of proof in Harassment Cases

From: The Daily Caller

The Foundation for Individual Rights in Education (FIRE) is going to bat against the Department of Education’s Office for Civil Rights (OCR) over what they see as infringements on college students’ due process and free speech rights.

In a “Dear Colleague” letter sent to colleges and universities in April, Assistant Secretary for Civil Rights Russlynn Ali announced new federal regulations publicly funded schools must employ to address allegations of sexual harassment and sexual violence.

The new standards most notably lower the burden of proof to prosecute.

“[I]n order for a school’s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred),” Ali wrote.

FIRE reacted to OCR’s guidance to colleges and universities — with a letter of opposition Thursday, explaining the regulations infringe on student’s liberties.

“While it is of course necessary for colleges and universities to address allegations of sexual harassment and sexual violence with all requisite purpose, seriousness, and speed, the rights of those accused cannot be sacrificed simply as a function of the accusation itself,” FIRE’s letter reads.

FIRE’s President, Greg Lukianoff, explained that lowering proof standards will not aid the execution of justice.