Title IX and Universities

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OnAJourney

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So what are people’s thoughts on the Department of Education reworking the rules behind Title IX protections at colleges and universities? For those who aren’t aware, under the Obama Administration Title IX rules were broadened significantly, and following that there were a lot of cases of allegations of sexual assault being made with no corroborating evidence. Do you think that moving Title IX back to where the rules were prior to the Obama Administration changes will be better for cases of sexual assault and protecting those who are accused?

 
OnAJourney said:
a lot of cases of allegations of sexual assault being made with no corroborating evidence
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I am very skeptical of this statement. For disciplinary action to be taken on Title IX within universities, there must be evidence and the judgement is made against a standard of the preponderance of the evidence,
 
There’s definitely a pattern of Title IX being used as a weapon of regret for having drunken sexual contact with someone.
 
Do you have a link to the original proposals? I can find a lot of reaction to them, but not much about them themselves. From the proposed changes I can find, I can understand why some are unhappy.
 
OnAJourney said:
There’s definitely a pattern of Title IX being used as a weapon of regret
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You have cited a handful of cases in which the due process afforded to students reversed a prior finding.

What fraction of cases handled does this handful represent?

Do you think that the reversal some cases in our legal system on appeal could justify a claim that it is being used as a weapon?
 
The Obama era changes seemed to contradict how we handle ‘rule of law’, so I’m glad his changes were not continued.

Presumption of innocence and how we handle criminal cases should be controlled by the legislative branch of govt.
 
I can’t cite every single case of false accusations being made against people. However the cases I cited do point to a pattern. There is a problem with the way Title IX is being used. And these are just cases that made the news. We know that there are definitely other cases like these out there that didn’t get press coverage. If Title IX were being applied properly it’s very unlikely that these cases would’ve turned out as they did.

We don’t have firm stat about the amount of false accusations made. We have a rough estimate from a study conducted in 2010 which believes that around 2-10% of allegations are falsely made. That is a very large discrepancy in numbers and there is no way we could possibly know for certain how many are false versus those that are true.

 
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Which begs the question; why are universities handling cases of criminal acts that were allegedly committed? I don’t think universities should be handling these cases at all. It should be a matter of local law enforcement.
 
I also said that the discrepancy between 2% and 10% means that there’s no way we can know the number of cases that are false.
 
The only reason universities handle these allegations in house is because they’re trying to cover their rear end. It’s not out of a sense of protecting either the accuser or the accused.
 
The way that Title IX regs were being implemented under Obama administration rules in effect tried to turn universities into police departments and prosecutors, and incompetent 'ones at that. There was no presumption of innocence, no right to an attorney, no standard of conviction beyond a reasonable doubt.
 
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