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Due Process to Return to Title IX Campus Sexual Assault Tribunals

Due Process to Return to Title IX Campus Sexual Assault Tribunals

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The Obama-era "preponderance of evidence" standard used to adjudicate allegations of campus sexual assault — in which the accused is barred from directly questioning his or her accuser — is officially over. On Friday the U.S. Department of Education's Office for Civil Rights announced the scrapping of the executive order, originally enacted via a series of "dear colleague" letters drafted in 2011 and fired off to colleges and universities across the country in April of that year.

The Obama-era "preponderance of evidence" standard used to adjudicate allegations of campus sexual assault — in which the accused is barred from directly questioning his or her accuser — is officially over. On Friday the U.S. Department of Education's Office for Civil Rights announced the scrapping of the executive order, originally enacted via a series of "dear colleague" letters drafted in 2011 and fired off to colleges and universities across the country in April of that year.…