From Preponderance of the Evidence to Clear and Convincing: DeVos’ Rollback of Obama-era Sexual Assault Guidelines
By: Tori Zicker, L’18 In 2011, the Department of Education released a Dear Colleague Letter, outlining the requirements and obligations of universities with respect to Title IX and its implementing regulations regarding sexual assault and sexual harassment.[1] This letter, implemented during the Obama Administration, lowered the standard of proof for sexual assault cases to a preponderance of the evidence standard.[2] Some criticized this action, … Continue reading From Preponderance of the Evidence to Clear and Convincing: DeVos’ Rollback of Obama-era Sexual Assault Guidelines