ACTION NEEDED: By January 28th please submit a short comment to the website below supporting the new standards from the Department of Education on the rights of college students accused of sexual assault be given a fair trial.

SaltyExchange · 2019-01-20T02:42:40+00:00

Schools shouldnt be in the business of investigation and judgment. If a crime has occurred call the professionals and allow it go through the lawfully established channels of due process. If they are arrested at least some sort of probable cause exists go from there.

OGSHAGGY · 2019-01-20T03:06:00+00:00

I commented. Glad some good changes finally happening

2019-01-20T03:39:25+00:00

All over it. Tango mike.

DignifiedAlpaca · 2019-01-20T10:35:51+00:00

Thank you for posting this. This is one of the few opportunities we have to really make a huge difference.

copswithguns · 2019-01-20T15:01:08+00:00

I am a criminal investigator for a university police department. These rule changes were what was needed. Too many accused individuals were having their rights violated under the Obama Administration.

hindusach · 2019-01-20T08:34:29+00:00

Thank you for linking this. This needs to be upvoted more! We can link articles and comment all day on this sub, but one comment on official policy changes counts far more.

deevavs · 2019-01-20T17:21:09+00:00

Thanks for posting this. We need more of this kind of thing!

For anyone wondering about good ways to form a comment for this kind of thing, I have a few suggestions. Keep it short and sweet, state your support generally for the reforms (if that's true for you), and reference specific proposals you appreciate/find important. I realize that not everyone will have the time to read this thing in depth because it is so long, so I'll list the proposals I referenced (with explanations of what each one proposes):

106.45(a) - Makes it clear that an institution's treatment of parties in a Title IX case may constitute discrimination on the basis of sex.

106.45(b)(1) - Lists requirements of procedures adjudicating allegations of sexual harassment. These include due process protections for the accused, evaluation of all evidence (both incriminating and exculpatory), and the presumption of innocence, among other things.

106.45(b)(2) - Institutions must provide both parties in a case a written notice at the time a formal complaint is made, which must include the specific time and date of the alleged conduct as well as the specific conduct alleged.

106.45(b)(3) - States that conduct not fitting the definition of sexual harassment, or conduct that occurred outside the jurisdiction of the given institution, cannot be the subject of an institution's investigation. Also stipulates that the burden of gathering evidence and fact finding is on the institution (not the parties), that parties must be allowed to bring "advisors" (i.e., lawyers) of their own choosing to any hearing, that institutions must give all parties equal opportunity to present witnesses and evidence, that all parties must have equal opportunity to review all evidence, and that parties must be allowed to pose questions to each other and all witnesses.

106.45(b)(4) - Deals with evidentiary standards. Leaves the door open to choose between preponderance of evidence (lower burden of proof) and clear and convincing (higher burden). However, this section stipulates that preponderance of evidence can only be used in Title IX cases if it also used in cases unrelated to sexual harassment that can carry similar punishments. Also requires institutions to use the same standard of evidence for student and employee cases.

106.45(b)(5) - Provides guidelines for transparent and fair action surrounding appeals of decisions in Title IX hearings. For me, the inclusion of this specific clause was potentially very important: "a complainant is not entitled to a particular sanction against the respondent."

106.45(b)(6) - States that an institution can forego a formal procedure at any time before a final ruling is issued in favor of mediation, but that it cannot do so without the written consent of each party.

106.45(b)(7) - Requires institutions to keep records of proceedings (formal and informal), determinations, appeals, and all materials used to train relevant administrators involved in Title IX adjudication.

106.6(d) - Clarifies that nothing in the document should require institutions to restrict the constitutional rights of parties involved in Title IX adjudication.

These proposals, as well as every other proposal in the document, are referenced very briefly under the Significant Proposed Regulations section, and expounded upon at length in the rest of the document. If you want to read the actual language of each regulation, I recommend you Ctrl-F the shit out of this thing. Edit: formatting.

Tedesche · 2019-01-20T18:12:57+00:00

Done.

Dennymambo · 2019-01-22T09:10:40+00:00

Tbh I cbf'ed right now. I'm far, far too blunt to do it anyway. I'd put something like:

"There's a word to describe where punishment without trial leads. Auschwitz."

saikon_1485 · 2019-01-21T02:16:11+00:00

question for all: what do you all suppose is going to fix this. all legal solutions have failed. hate vigilanties but just be honest. men have no due process and no rights. the mens rights movement has failed and will continue to fail. war is inevitable. womens rights MUST be rovoked or civilization itself will fall.

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