Who needs due process on campus? One Democrat in Colorado doesn’t think schools even need definitive proof that a rape occurred before expulsion.

Robby Soave reports at Reason.

Rep. Jared Polis Thinks Colleges Should Be Able to Expel Students When They’re Only 20% Sure a Rape Happened

Forget preponderance of evidence—Rep. Jared Polis (D-Colorado) wonders why campus rape adjudicators don’t use an even lower standard of proof and expel students in cases where there is only a 20 percent chance that they are guilty.

Polis made this shocking remark during a House Subcommittee on Higher Education and Workforce Training hearing on campus sexual assault prevention Thursday morning. The hearing featured a Q and A session between lawmakers and campus rape experts—most of whom were dismissive of concerns that the campus adjudication process was unfriendly to the due process rights of accused students (the exception being Foundation for Individual Rights lawyer Joseph Cohn).

Toward the end of the hearing, several panelists noted that they preferred the “preponderance of evidence” standard, which holds that a student should be found guilty of sexual assault if adjudicators decide it is more likely than not he committed the crime. This standard is “the most equitable” one, they said: it establishes identical burdens for accusers and the accused.

I could go into all the ways this idea is wrong and flies in the face of liberal Western notions about justice and fairness—whatever happened to innocent until proven guilty? Not equitable, alas—but it’s actually a downright reasonable position, considering what Polis advocated moments later. He said:

“It certainly seems reasonable that a school for its own purposes might want to use a preponderance of evidence standard, or even a lower standard. Perhaps a likelihood standard…. If I was running a (private college) I might say, well, even if there is only a 20 or 30 percent chance that it happened, I would want to remove this individual.”


 
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