gtgphd
New member
the police investigation is only part of the problem. Title IX requires that UNL investigate the report, assuming the reporting party is a student. The standard of evidence in Title IX investigations is the civil standard, preponderance of evidence, which means more likely than not. It is a much lower standard than the criminal standard, which of course is beyond a reasonable doubt. In Title IX investigations, the process is administrative, which allows for hearsay evidence. Title IX, as interpreted by the DOE and OCR, allows for the reporting party or the respondent (accused) to appeal any findings or sanctions or lack of sanctions.
So the police and prosecutors could decide not to bring charges and prosecute, but under Title IX the University must still investigate, must apply a lower standard of proof, and may impose sanctions up to and including expulsion from school.
Read the book Missoula to see how this can work.
So the police and prosecutors could decide not to bring charges and prosecute, but under Title IX the University must still investigate, must apply a lower standard of proof, and may impose sanctions up to and including expulsion from school.
Read the book Missoula to see how this can work.