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A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix
A Feather On One Side, A Brick On The Other: Tilting The Scale Against Males Accused Of Sexual Assault In Campus Disciplinary Proceedings, Barclay S. Hendrix
Georgia Law Review
On April 4, 2011, the Department of Education's Office
of Civil Rights issued a "Dear Colleague" letter regarding
Title JX's applicability to sexual violence on college
campuses. This letter was sent to every college or
university receiving federal funding and instructed
recipients on how to meet their legal obligations. Some of
the most important changes in the letter pertained to how
schools must conduct their grievance procedures in
adjudicatingsexual assault claims. First, the 2011 letter
requires that schools use a preponderance of the evidence
standard to determine the accused's guilty or innocence.
Second, the letter strongly discourages schools from
allowing …