The Department of Education’s Office of Civil Rights has sent a letter which includes a requirement that universities adopt a “preponderance of the evidence” standard of proof for deciding sexual harassment and sexual assault.
That’s far short of the requirement in criminal law that charges must be proved beyond a reasonable doubt. And these disciplinary proceedings sometimes face charges that could also be criminal, as in cases of alleged rape.
Campus definitions of sexual harassment include “humor and jokes about sex in general that make someone feel uncomfortable” (University of California, Berkeley), “unwelcome sexual flirtations and inappropriate putdowns of individual persons or classes of people” (Iowa State University) or “elevator eyes” (Murray State University in Kentucky).
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Elevator eyes: Guilty or not Guilty? Your’e going down for this hombre!!
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