Stephanie Siler Wondering what precisely what you mean by “the preponderance of evidence standard was well before Obama, too” and how this document supports that. Of course the standard existed in civil cases. But my understanding is that the guidance in the 2011 “Dear Colleagues” effectively MANDATED use of this standard (on pain of threat of Title IX violation) for campus sexual assault cases for the first time.
That doc is a lot to go through, but it seems to me it is mainly concerned in making the case for that standard as a recommendation of the ASCA. Earlier case law seems to have permitted this standard (on grounds that campus proceedings are not criminal trials) but not mandated it.
No time to really study it, but I don’t immediately understand.