In a column on new Department of Education draft rules telling colleges how to meet federal requirements for campus safety, The New York Times editorial board plays down the threat to accused students from wrongful accusations of sexual assault:
There is perhaps some risk that students accused of rape won’t feel equipped to properly defend themselves; the accused are not typically afforded due process protections, such as the right to remain silent, in these campus proceedings. In 2011, the Department of Education recommended that universities use “preponderance of the evidence” as the standard of proof instead of the higher “clear and convincing” standard, which it said was inappropriate for violations of civil rights law.
Lower evidentiary standards seem justified since these are administrative proceedings in which the accused student might be facing expulsion, not a loss of liberty.
The “preponderance” standard is exactly what a California bill, passed by the Senate and under consideration in the Assembly, would codify for California schools handling rape accusations.
Read the whole editorial here. Columnist Ross Douthat also gave suggestions for addressing campus rape recently.
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