There’s a lot of this going around these days.

Jacob Gershman of the Wall Street Journal reports.

Penn Law Professors Blast University’s Sexual-Misconduct Policy

Another Ivy League university is facing criticism from its own law professors over school procedures for handling sexual-assault complaints against students.

A group of 16 University of Pennsylvania Law School professors has a signed a letter decrying the university’s new sexual-misconduct policy, which they say fails to protect the rights of the accused. The letter, which was made public Tuesday, comes on the heels of a similar protest by professors at Harvard Law School.

Among their concerns, the Penn professors say they’re troubled that accused Penn students are now barred from having a lawyer cross-examine witnesses against them.

The legal scholars also fault Penn’s administration for lowering the evidentiary standard of proof for deciding claims, changing it from “clear and convincing” to a “preponderance of evidence.” The latter is typically used in civil suits for monetary damages following a trial. A three-member panel of faculty members can hold a student responsible for alleged sexual misconduct — and impose sanctions including expulsion — with a 2-1 vote.

A spokesman for Penn’s administration defended the university’s policies.

“We developed a process that we believe to be fair and balanced, that will both provide a sensitive and effective process for those wishing to make a complaint, while actively protecting the rights of the accused,” Ronald Ozio, the Penn spokesman, told Law Blog.

He said the university consulted law school faculty about the policy before it was approved by university deans and trustees. It went into effect Feb. 1.

The letter, which was signed by about a third of of Penn law school’s tenured and tenure-track faculty, says the university’s policy concentrates too much power in the hands of a “Title IX” investigator employed by the school who conducts investigations and makes recommendations to hearing panels. The law school’s incoming dean, Theodore Ruger and his predecessor weren’t among those who signed the letter.


 
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