Sunday, September 24, 2017
The Department of Education has withdrawn its 2011 guidance documents on campus sexual assault and issued new guidance. From the Chronicle of Higher Education:
The department’s interim guidance gives colleges the discretion to use a “clear and convincing” standard of evidence, which is higher than the preponderance standard, in such cases. Many colleges had already abandoned the “clear and convincing” standard when the 2011 letter was issued.
The new guidance also states that colleges may facilitate informal resolutions, including mediation, if all parties agree to participate in that process.