A win for due process in Tennessee.

Ashe Schow of the Washington Examiner writes:

Judge rules university can’t shift burden of proof onto the accused

A Tennessee judge has ruled that a university cannot shift the burden of proof onto an accused student and force them to prove a crime didn’t occur.

Judge Carol McCoy has overturned a University of Tennessee-Chattanooga decision that found former wrestling star Corey Mock responsible for sexual assault, claiming the school provided no evidence to prove the assault happened.

McCoy found that UTC “improperly shifted the burden of proof and imposed an untenable standard upon Mr. Mock to disprove the accusation” that he assaulted Molly Morris, a fellow classmate.

The decision comes as more and more universities adopt a “yes means yes” consent policy, which shifts the burden of proof to the accused as a matter of policy.

Morris, who along with UTC is being sued by Mock, shared her story publicly in December 2014 with Vice Sports, nearly four months after Mock had been expelled. She and Mock had met using the social media app Tinder. The two exchanged messages and eventually had a class together and were friendly. Morris claims she told Mock she wasn’t interested in a relationship.