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The PJ Tatler

by
Helen Smith

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August 20, 2011 - 4:44 am

WSJ: “College Rape Accusations and the Presumption of Male Guilt:
Pressured by the Obama administration, universities abandon any pretense of due process in sexual assault cases”:

Most egregiously, OCR requires universities to render judgment using “a preponderance of the evidence” standard. This means that in a rape case, a campus disciplinary board of faculty, administrators and perhaps students serves as both judge and jury. Few if any of these judges are likely to have professional competence in fact-gathering, evidence analysis or judicial procedure. Yet to deliver a verdict of guilty, they need only believe that the accused is more likely than not to have committed the crime.

Helen Smith is a psychologist specializing in forensic issues in Knoxville, Tennessee, and blogs at Dr. Helen.
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