One of the major controversies in the Department of Education’s investigations into how colleges handle sexual-assault allegations is the evidence standard it’s demanding, known casually as “more likely than not.”
According to a lawsuit filed by a student who was expelled on the eve of graduation for alleged sexual misconduct, his school couldn’t even meet that low standard, preponderance of the evidence, Reuters reports.
Accused of “non-consensual digital penetration, nonconsensual touching and sexual exploitation” by three women last October – more than two years after the alleged separate incidents – the student alleged that Colgate University
failed to conduct a fair and timely investigation and did not abide by a preponderance-of-evidence standard. It also argues the student was discriminated against based on his gender and that the severity of the sanctions was disproportionate to that of the charges.
The student, who remains anonymous, is represented by the same lawyer, Andrew Miltenberg, representing recent Columbia University graduate Paul Nungesser, accused of rape by “mattress girl” Emma Sulkowicz but cleared by Columbia of the allegations.