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Four Asks
1. Use the Preponderance of the Evidence standard in cases of sexual misconduct
This standard of evidence finds that an incident is "more likely than not" to have occurred. Preponderance of evidence was previously required by the 2011 Dear Colleague Letter. Utilized in almost all civil cases, it is considered the most appropriate standard for Title IX investigations. |
2. Uphold a 60-day timeline of concluding cases
Betsy DeVos revoked the 60-day timeline in her recent guidance, leaving respondents and complainants at risk for mental health issues and unnecessary additional trauma. A long delay in deciding a case may also ultimately compel survivors to drop their cases altogether. |
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