The most controversial elements of OCR’s policy needed schools to make use of the lenient “preponderance for the evidence” standard

The most controversial elements of OCR’s policy needed schools to make use of the lenient “preponderance for the evidence” standard

(“50% along with a feather”) in disciplinary hearings and discouraged real time hearings and cross-examination. Both OCR as well as the White House pressured schools to use a “single investigator” model that offers anyone appointed because of the school’s Title IX coordinator authority not only to research alleged misconduct, but to find out shame and innocence. OCR’s expansive concept of intimate harassment included “verbal conduct” (for example., speech) such as “making intimate comments, jokes or gestures, ” “spreading sexual rumors, ” and “creating emails or those sites of a intimate nature. ” OCR told schools it expected them to “encourage pupils to report sexual harassment early, before such conduct becomes serious or pervasive, such that it takes actions to stop the harassment from developing a aggressive environment. ” Its tips devoted many pages to the treatments schools must provide to “the broader pupil populace” and to prevention programs—which must be “sustained ( maybe maybe maybe not one-shot academic programs), comprehensive, and address the root person, relational and societal reasons for intimate attack.

Read moreThe most controversial elements of OCR’s policy needed schools to make use of the lenient “preponderance for the evidence” standard