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https://www.bostonlawyerblog.com/how-are-accused-students-lawsuits-over-sexual-misconduct-discipline-faring/
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How are Accused Students’ Lawsuits over Sexual Misconduct Discipline Faring?
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Much has been made about allegations of sexual assault on college campuses in recent years. At first the discussion centered on victim’s rights advocates’ claims that colleges swept allegations of sexual assault under the rug. Starting in 2001, and escalating in 2011, the U.S. Department of Education’s Office for Civil Rights (OCR) began issuing guidance dictating how federal funding recipients (i.e. virtually all colleges and universities) should handle sexual assault claims. Many point to the OCR’s 2011 “Dear Colleague” letter, which instructed schools to lower the standard of proof they use in these cases to a “preponderance of the evidence” standard, as a turning point in the national discussion about college sexual assault. As we have previously noted on this blog, schools jumped to follow OCR’s guidance for fear of losing federal funding. As the policies and procedures that have been implemented in the wake of the 2011 OCR “Dear Colleague” letter have...
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