Last week, the Office for Civil Rights in the Department of Education (DOE) withdrew the Obama administration's Dear Colleague Letter of 2011. The letter had outlined a set of procedures that all educational institutions receiving federal funds—under Title IX of the 1972 Civil Rights Act—must use to “investigate, adjudicate, and resolve allegations of student-on-student sexual misconduct.” The Obama rules had required that sexual misconduct cases be tried under a “preponderance of the evidence” standard instead of the higher standard of “clear and convincing evidence,” which are traditionally used in such cases.
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