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

May 7, 2024

1.

Creating Students, Not Activists

The mobs desecrating the American flag, smashing windows, chanting genocidal slogans—this always was the end game of the advocates of the right to protest, action civics, student activ......

March 9, 2024

2.

A Portrait of Claireve Grandjouan

Claireve Grandjouan, when I knew her, was Head of the Classics Department at Hunter College, and that year gave a three-hour Friday evening class in Egyptian archaeology....

April 20, 2024

3.

The Academic's Roadmap

By all means, pursue your noble dream of improving the condition of humanity through your research and teaching. Could I do it all again, I would, but I would do things very differently....

Most Read

June 5, 2024

1.

Subpoenas for All!

Ohio Northern University gnaws its teeth with an appetite for vindictive lawfare....

May 15, 2015

2.

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

3.

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?...