In The Huffington Post, FIRE Vice President of Programs Adam Kissel cracks down on the new threat to due process on college campuses prompted by both the Campus SaVE Act and the U.S. Department of Education’s Office for Civil Rights’ (OCR’s) April 4, 2011, guidance letter.
Both the Campus SaVE Act and OCR’s letter require colleges to use the "preponderance of the evidence" standard in adjudicating cases involving sexual assault. This 50.01% standard is our judiciary’s lowest standard of proof, and it does not sufficiently protect an accused person’s right to due process. In his post, Adam points to Sandy Hingston’s must-read article just published in Philadelphia magazine on "The New Rules of College Sex," which exposes not only this new threat to due process on campus, but also the lawyers who profit from it. Be sure to read Adam’s blog post and Hingston’s article in full.