Friday, July 15, 2016

The sexual grievance industry's defense of the 'preponderance of the evidence' standard is laughable

The sexual grievance industry--and if you want to see who is part of it, see this letter--constantly defends the illegal mandate of the Dept. of Education's Office for Civil Rights that colleges and universities use the "preponderance of the evidence" standard (but only for sex charges). This standard means that a school must find guilt if the evidence is even 50.001% tilted in favor of the accuser's story.

The goal is very simple: they want to make it easier to expel and suspend more young men for sexual assault because they believe that there is a college rape epidemic even though the belief is ludicrous.

Their principal defense of this standard is that "[t]his standard is used in cases alleging discrimination under other civil rights laws . . . ."

This argument is laughable to anyone who practices civil law, and it is astounding to me that news outlets parrot their argument as if it has legitimacy.

In civil cases, the defendant is afforded all manner of evidentiary protections that colleges routinely deny young men accused of sex offenses. If the Dept. of Education would mandate that colleges adopt the evidentiary protections mandated for defendants in civil trials, I'd be fine with it. But the procedures utilized in college kangaroo sex tribunals cannot be compared to the procedures used civil courts where, generally, only money damages are sought and the preponderance of the evidence standard is employed.

In civil cases, defendants are allowed to be fully represented by counsel at every stage of the proceeding. Their counsel are permitted to make arguments for them and to vigorously depose prior to trial, and to vigorously cross-examine during trial, the accuser and any other pertinent witnesses. In college sex tribunals, counsel for the accused can rarely do more than sit there, if that.

Aside from depositions, defendants in civil litigation are also permitted to engage in all manner of discovery, including proffering requests for admissions, requests for production of documents, and interrogatories. And if the plaintiff fails to respond to proper discovery requests, she is sanctioned by the court, up to and including dismissal of her case and requiring her to pay the other side's attorney's fees.Nothing remotely similar is allowed in most college sex proceedings .

Hearsay evidence generally is excluded, as is evidence whose probative value is outweighed by its prejudicial effect to a party. In college sex proceedings, the adjudicators do not have a clue what constitutes hearsay, much less how to assess whether evidence is too prejudicial to consider.

Trial and appellate judges are lawyers bound by centuries of common law precedent. In college sex proceedings, there are no constraints in the decision-making.

The college kangaroo sex proceeding has no relation to the orderly administration of justice in civil court--none.