There is currently a commenting period for a proposed sexual misconduct policy change at the University of Virginia. Among these changes are the following:
Evidentiary Standard Changed. Pursuant to the "Dear Colleague" letter, the evidentiary standard in adjudication of sexual misconduct cases has been changed from "clear and convincing evidence" to a "preponderance of the evidence."
and
No Time Limit on Invoking Procedures. Under the existing policy, complaints must be brought within one year of the alleged misconduct. There is no time limit to invoking jurisdiction under the proposed new Policy, as long as the accused student is a University student at the time the complaint is made.
The funny thing is that the executive summary includes in its introduction the line:
In addition to inviting comments from students and the community, the University is seeking input from national experts. Revisions to the current Policy and Procedures are aimed at providing the utmost in care and support for victims while at the same time being mindful of the due process and privacy rights of accused students.
The full executive summary can be found at http://www.virginia.edu/sexualviolence/policy/execsummary.html
That's right, they are making it possible to convict students of sexual misconduct that happened 4 years prior solely on the grounds that the probability that it happened is greater than 50%. But hey, at least they were being mindful of due process.
I am currently in the process of writing a criticism of the new policy, especially these two changes. I would greatly appreciate any suggestions or comments that might help make my criticism more effective.
Thoughts?
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