Education Dept Unlawfully Changes Burden of Proof in College Sexual Harassment Cases
Accuracy and Free Speech Undermined
In 2011, the Education Department ordered many colleges to change the burden of proof that they use in disciplinary proceedings over sexual harassment.
In doing so, it illegally legislated through administrative fiat, and undermined due-process safeguards. It also sought to eliminate cross-examination by the accused, which could reduce accuracy in campus adjudications,...