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Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer Dec 2015

Use Of Preponderance Of Evidence In Campus Adjudication Of Sexual Misconduct, Elizabeth Sommer

All NMU Master's Theses

How higher education institutions (HEI) handled sexual misconduct cases matters. It matters for survivors, accused, administrators, parents, HEI leaders, regulatory bodies (such as the Office for Civil Rights), and the general public. The 2011 Dear Colleague Letter published by the Department of Education’s Office for Civil Rights mandated the use of preponderance of evidence in all sexual misconduct cases (Ali, 2011). The change to utilize a low burden of proof, preponderance of evidence, was and is controversial. Despite a large literature base of legal opinions on the use of preponderance of evidence in the campus adjudication process, there are ...