Summary: This plan requires sexual assault accusations to be sent to law enforcement for adjudication where the rights of the accused will be upheld, evidence and procedures will be handled properly, and justice can prevail.
Released: Filed Under: NCFCA Policy
About "Title IX Sexual Assault (AFF)"
In the Status Quo, someone who (rightly or wrongly) believes they are or claims to be a victim of sexual harassment or assault can, under Title IX, demand the college conduct an investigation and punish the offender, up to and including expulsion from the school.
The “preponderance of evidence” standard is what colleges are using to determine if someone is guilty of sexual assault today. This means they will punish the accused if they believe there’s a 51% chance that he is guilty. The accused’s academic career and reputation are ruined, and false accusations are rampant. Colleges are institutions of learning, not courts nor detectives, and are hardly qualified to investigate crimes. We would never imagine colleges being expected to adjudicate murders or armed robberies, so why this one crime and not all others?
This plan requires sexual assault accusations to be sent to law enforcement for adjudication where the rights of the accused will be upheld, evidence and procedures will be handled properly, and justice can prevail.
Note: While dealing with a potentially sensitive subject, there is nothing in this case or its evidence that should prove embarrassing when read or argued in the round. It deals with the legalities and procedures without going into any graphic details, and should be suitable for the homeschool debater and the intended audience.
 An earlier version was unclear and confused some of our readers, when we said: “”The ‘preponderance of evidence’ standard is what colleges are using to determine if someone is guilty of sexual assault today. This means there’s a 51% chance that the accused is guilty.” This version was updated September 4, 2017.
NOTE: A special supplement was published 9/26/16 to address Betsy DeVos’ recantation of the “Dear Colleague” letter. Click here for that supplement.
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