CEI Attorney on OCR's New Sexual Harassment Procedures

Glenn Ricketts

I noted recently that the US Education Department's Office for Civil Rights (OCR) had mandated new standards under which colleges and universities recieving federal funds would be obligated to investigate allegations of sexual misconduct. Specifically, OCR now requires that all such inquiries apply a much lighter burden of proof in determining innocence or guilt. A "preponderance of evidence" - basically 51% - is all that's needed now in order to find you guilty. Many campus "harassment" procedures were already stacked pretty heavily against the accused, so the scales of justice appeared to tip even further in the same direction.

The picture hasn't gotten any brighter. Numerous commentators have blasted the new rules including Hans Bader, Counsel for Special Projects at the Competative Enterpirse Institute and a former OCR lawyer. He's written cogently on campus harassment codes over the years, and his most recent thoughts here and here aren't encouraging to anyone who cares about due process or the rights of the accused.

  • Share

Most Commented

January 24, 2024

1.

After Claudine

The idea has caught on that the radical left overplayed its hand in DEI and is now vulnerable to those of us who seek major reforms. This is not, however, the first time that the a......

February 13, 2024

2.

The Great Academic Divorce with China

All signs show that American education is beginning a long and painful divorce with the People’s Republic of China. But will academia go through with it?...

October 31, 2023

3.

University of Washington Violated Non-Discrimination Policy, Internal Report Finds

A faculty hiring committee at the University of Washington “inappropriately considered candidates’ races when determining the order of offers,” provided “disparate op......

Most Read

May 15, 2015

1.

Where Did We Get the Idea That Only White People Can Be Racist?

A look at the double standard that has arisen regarding racism, illustrated recently by the reaction to a black professor's biased comments on Twitter....

October 12, 2010

2.

Ask a Scholar: What is the True Definition of Latino?

What does it mean to be Latino? Are only Latin American people Latino, or does the term apply to anyone whose language derived from Latin?...

July 8, 2011

3.

Ask a Scholar: What Is Structural-Functionalism, Conflict Theory and Symbolic Interactionism?

Professor Jonathan Imber clarifies concepts of sociologocal theory....