Summary: This brief counters the plan that attempts to reform Title IX.
Released: Filed Under: NCFCA Policy
About "Title IX Sexual Assault (NEG)"
Affirmative plan reforms Title IX by mandating reporting all incidents of sexual harassment and assault known by university faculty to law enforcement agencies as well as reversing the Office for Civil Rights’ mandates concerning the interpretation of Title IX. AFF wants to ensure that colleges get out of the business of adjudicating sexual harassment/assault cases and turn everything over immediately to the police.
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. A courtroom would use a standard of “beyond reasonable doubt” – perhaps something like 99.9% chance. Along with other things in the university investigation, Affirmative argues that these low standards are unfair to the accused. Neg can argue:
1) Minor Repair: Modify the standard to “clear and convincing” (halfway between preponderance and beyond doubt) and keep the college Title IX investigations, rather than abolishing them. And/OR
2) The standards are just fine the way they are because they already protect rights. And/OR
3) The standards are low because they are intentionally not courtroom standards, because colleges are not prosecuting anyone for a crime, just determining whether to kick someone out of college. Colleges do that all the time for lots of offenses (e.g. drinking alcohol) and they don’t have to follow courtroom procedures for it.
 An earlier version was unclear and confused some of our readers when we said: “This means there’s a 51% chance that the accused is guilty.”
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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