Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

Dear colleagues;

As some of you know, I filed a complaint letter with OCR re U.Va. a few months ago.  I recently learned that OCR accepted the case for resolution which means they will likely answer the burden of proof question soon.

This won't be the first time OCR answers the question, but it will be an important case nonetheless because the posture of the complaint (as have been a few of my other OCR cases) is such that it will be decided as a policy statement - as opposed to a ruling on facts from a live controversy.

As far as I know, there has never been a ruling in any OCR jurisdiction that upholds the clear and convincing evidence standard, though several have upheld the preponderance of evidence rule.

I'll let the list know as soon as I get the U.Va. ruling.

Wendy Murphy