🧵THREAD on why the preponderance of the evidence (POE) - more likely than not - standard is the most equitable and appropriate standard for schools to use in Title IX civil rights investigations of sexual harassment complaints. 🧵
1) Courts typically apply the POE std for civil rights cases (& other civil cases), including in Title IX "erroneous outcome" claims filed by male students disciplined by their schools for sexual harassment - that is – a claim that they did not commit sexual misconduct.
2) POE is the only evidentiary standard that treats both parties EQUALLY by placing an equal burden and an equal share of the risk from an erroneous decision on all parties.

POE is most appropriate for Title IX, which requires fair & equitable grievance procedures.
3) Student complainants and student respondents both have stakes in the outcome of a proceeding. This is their ability to remain at their school and complete their education there. Respondents shouldn't be given an unfair advantage over complaints.
4) The consequences of a wrongful finding of non-responsibility is serious for a survivor b/c a high number of student survivors transfer schools or drop out entirely to avoid the accused student when they remain in school.
5) The Department of Education's Office for Civil Right's (OCR) requirement of schools using the POE std dates back to 1995. OCR has also required the POE std for racial harassment and disability harassment cases.
6) Imposing a uniquely burdensome evidentiary std ONLY for complaints of sexual harassment (like the clear and convincing std) is unfair, discriminatory, and departs from court practice for civil rights cases & from decades of enforcement by the Department of Education.
*placing an equal share of the risk of an erroneous decision (yes, yes. I understand burden of proof is different from std of evidence)

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More from @shiwali_patel

11 Sep 20
I’m about to go on a much needed staycation. But because I keep thinking about this, I want to first clear up some misconceptions about Betsy DeVos’s new Title IX rule addressing how schools must respond to sexual harassment (THREAD):
1) The new Title IX rule does not help survivors. Anyone paying attention would know survivors have fought so hard to stop the rule: vox.com/2020/5/6/21203….
...and that in fact, sexist extremist groups - including one that was deemed a hate group - helped the Department of Education write the Title IX rule: thenation.com/article/politi…
Read 14 tweets

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