Monday, November 14, 2011

Sen. Leahy drops plan to amend VAWA to include "preponderance" standard in college sex cases

An update to this story is found here.  Sen. Patrick Leahy will not include in the VAWA reauthorization the "preponderance of the evidence" standard for alleged college sex offenses.   Leahy  is, apparently, not interested in courting such a controversial subject less than a year from what promises to be a hotly contested presidential election.

The "preponderance" standard is still mandated by the Department of Education for college sex cases, but an administrative regulation is generally easier to change than is a statute.  If, for example, President Obama loses the election next November, there is a reasonably good chance that the "preponderance" standard will be scrapped.