3/8/12

Stanford lowers standard of proof for sexual assault | Stanford Daily

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Stanford)lowers)standard)of)proof)for)sexual)assault
Tuesday, April 12th, 2011

By Elizabeth Titus Stanford will lower its standard of proof for sexual-assault cases and open the appeals process to alleged victims in response to guidelines released to universities last week by the Obama administration. The swift development comes amid a longer-term review of Stanfords judicial-affairs process and a one-year pilot program specifically focused on improving the Universitys handling of sexual-assault cases. It brings Stanford into line with the vast majority of universities that use the lower standard for sexual assault cases, an issue on which Stanford has been an outlier for years, administrators said Monday. The changes are at the direction of the Department of Educations Office for Civil Rights, which is stepping up its implementation of Title IX, the federal law prohibiting sex discrimination at schools that receive federal money. We have to do better, and we have to do better now, Vice President Joe Biden said last Monday, speaking at the University of New Hampshire about sexual-violence prevention and the new guidelines. The Office for Civil Rights said in sexual-violence cases, preponderance of evidence is the appropriate standard of proof and that if schools provide appeals processes, they must do so for both parties. Those guidelines differ from Stanfords former rules, which required alleged victims to prove their cases beyond reasonable doubt and which only provided an appeals process for responding students those accused of sexual misconduct. Although both parties may now appeal, the grounds for doing so will remain the same, said Assistant Dean of Student Life Jamie Pontius-Hogan. (Stanford Daily F Stanford President John Hennessy approved the changes to Stanfords process, effective immediately, after universities received the new federal guidelines on April 4. Governing the process for sexual-violence cases here is the Alternate Review Process, a one-year pilot program set to end in December. In addition t process and the new federal guidelines cover sexual harassment, dating violence and stalking. The Board on Judicial Affairs and community m the pilot program in hopes it would resolve sexual-violence cases more quickly and privately. The federal directive means that no matter the fate of the pilot program whether the University keeps, changes or does away with it the lower s new appeals process will remain. Stanford must now design its sexual-violence process around the mandates, said Dean of Student Life Christine Gri I feel like we have been given a charge to say, We really need to figure that out before the end of December, Griffith said. The changes will also remain in place regardless of the conclusions of Stanfords internal review panel. Launched earlier this school year, it is taki look at Judicial Affairs since the Student Judicial Charter of 1997. The standard of proof has been a specific area of focus for the internal reviewers, who are set to issue a report by the end of the school year. Review one hand the number of other universities they found using the high beyond reasonable doubt standard, which Stanford had had in place since bef said. The Office for Civil Rights efforts come as the office investigates allegations by 16 Yale students who say their university is violating Title IX and to sexual environment. Nationwide, almost 20 percent of female college students and 6 percent of male college students will be victims of attempted or actual sexual assault Department of Education. At Stanford from 2007 to 2009, an average of about 11 forcible sexual offenses occurred each year, according to police. ASSU President Angelina Cardona 11 praised the changes after Boardman announced them Monday. Lowering of the standard of proof is absolutely crucial to the womens community, Cardona said. Survivors of sexual assault must not be deterred from the judicial system because of too high a standard, she added. Addressing womens issues was an early focus of Cardonas term; she and former Vice President Kelsei Wharton 12 met with Hennessy in October standard of proof, she said, and she led a number of student groups in urging the Judicial Affairs review panel to consider the change. Michael Cruz ASSU president on Saturday on a platform that included working to lower the standard. But ASSU efforts were locked in the longer-term review process until the federal government handed down its guidelines last week. Widespread student opinion on the issue has yet to be tested. I will say I know there are varying viewpoints on this, but I think it is at the end of the day a big advancement for the womens community and for University, Cardona said. For people who might be concerned about the change in the burden, the standard of proof, then [it is] probably an opportunity for people to be say need to be really educated about these issues because I dont want to find myself in this circumstance, Griffith said.

www.stanforddaily.com/2011/04/12/stanford-lowers-standard-of-proof-for-sexual-assault/

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3/8/12

Stanford lowers standard of proof for sexual assault | Stanford Daily

www.stanforddaily.com/2011/04/12/stanford-lowers-standard-of-proof-for-sexual-assault/

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