“The federal government has now put its thumb decisively on the scale against fairness on issues of sexual harassment and assault.”
– Wall Street Journal op-ed
As made clear by the paltry burden of proof in Title IX cases, students accused of sexual misconduct have two legal hurdles working against them:
- The preponderance of the evidence standard, rather than guilt beyond a reasonable doubt, makes it far too easy for the accused to lose their right to due process.
- Since school administration and Title IX Coordinators decide cases privately, rather than in a court of law, accused students are doubly certain to lose their right to due process.
Here’s how one Title IX case worked in the real world, below.
Title IX Case at the University of North Dakota
- In 2010, a student was accused of sexual assault, though he claimed the encounter was consensual.
- Nonetheless, the school suspended the student for three years for violating the code of misconduct.
- A few months later, state police charged the student’s accuser (the alleged victim) with filing a false report.
- Nonetheless, the school refused to reconsider its original decision.
- Vindication took a year and a half, until which point the student was finally allowed to return to campus.
According to the Foundation for Individual Rights in Education:
“Cases like this vividly demonstrate the need for due process and fair procedure on campus, as well as a renewed recognition that fundamental rights are important for both victims and the accused.”
The fact that the student was so quickly found “guilty” by the school administration, as well as the fact that police charged the alleged victim with filing a false report yet it still took school administration a year and a half to change its position illustrates the problem.
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If you’re facing any kind of disciplinary action under Title IX, don’t wait to get help.