At the University of North Dakota, Yes Also Means No

July 21, 2011

Earlier today, Tim Cavanaugh noted that the Department of Education's Office for Civil Rights (OCR) has instructed colleges that due process in cases involving sexual harassment or assault is inconsistent with federal law. "In order for a school's grievance procedures to be consistent with the standards in Title IX," OCR's head, Russlynn Ali, wrote in an April 4 letter, "the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred)." Writing in The Wall Street Journal, Reason contributor Harvey Silverglate Schools: University of North Dakota Cases: University of North Dakota: Accuser Is Criminally Charged with Lying to Police, But School Refuses to Reopen Misconduct Case