This story is interesting in the way that it suggests, falsely, that the reason U.Va. changed its policy from "clear and convincing" evidence to "preponderance of evidence" is that the school was ahead of its pack and more thoughtful about victims' concerns than other schools.
In fact, U.Va. had steadfastly refused to adopt the correct standard of proof even after an earlier OCR matter made it clear they were using the wrong standard.
I then agreed to represent a student there whose case was very badly handled by the school in many ways, including that they applied the illegally high standard. Her claim led to an investigation against U.Va. which investigation was opened more than a year ago. Her brave actions are what led to U.Va. being forced to change its policy.
This story suggests that U.Va. - for no particular reason - decided to change its ways.
What a joke. They've been under investigative pressure for more than a year because of my brave client - and had no CHOICE but to change its policy.
Wendy Murphy
Washington Post, The (Washington, D.C.)
Copyright 2011 The Washington Post
May 7, 2011
Issue DAILY
Section: Metro
U-Va. eases standard to show sexual
misconductUniversity of Virginia eases standard to show sexual misconduct
Daniel de Vise
Alleged rape victims at the University of Virginia would no longer be
required to present "clear and convincing" evidence to prevail in the
school's judicial system under rules proposed this week, one of the first
products of a federal campaign to empower victims of sexual misconduct on
campus.
U-Va. is among the first universities to act on new guidelines
released by the federal Education Department last month that call on
universities to strengthen rules for sexual harassment and violence as a matter
of civil rights.
The university responded quickly because its review was already
underway. U-Va. began revising its rules on sexual misconduct in December, four
months ahead of the federal directive.
University officials said it was coincidental that the institution
began overhauling the rules within months of the death last spring of
22-year-old student Yeardley Love. Her on-again, off-again boyfriend, George
Huguely, is charged with murder for allegedly killing Love, a case that set off
national debate about relationship violence.
"Sexual misconduct has no place in the university's community
of trust," Patricia Lampkin, U-Va.'s chief student affairs officer, said
in a statement Thursday.
Under the new rules, the university would broaden its definition
of sexual misconduct to include relationship violence, cyberstalking and
recording or transmitting sexual images. The proposed policy also would remove
existing limits on time and geography, freeing students to bring complaintsabout incidents outside Charlottesville and to pursue cases from years past.
Nearly one young woman in five at college will be the victim of
sexual assault or attempted assault, according to Justice Department
statistics. U-Va. and many other universities have faced mounting criticism of
their handling of rape cases. A broad investigation by the Center for Public
Integrity in 2010 found that many cases ended in nominal academic penalties or
no punishment at all. The center also reported allegations that some students -
including a rape victim at U-Va. - were threatened with punishment if they
spoke out.
Ada Meloy, general counsel for the American Council on Education,
said most schools do their best to protect the rights of both victim and
accused in misconduct cases.
"These are really very complicated cases," she said.
"They are not as simple as they are often made out to be."
Key language in the new federal guidelines instructs colleges to
judge whether "it is more likely than not that sexual harassment or
violence occurred," the standard for civil rights cases.
Most colleges already follow that standard. But some, including
U-Va., hold victims to the higher standard of "clear and convincing"
evidence. A few, including Stanford, set an even higher bar and required victims
to prove their cases "beyond a reasonable doubt." Stanford revised
its policy last month.
"I think you're going to see a lot of modified policies
coming out," said Alison Kiss, executive director of Security On Campus, a
nonprofit advocacy group. Kiss's group estimates that 10 to 30 percent of
colleges hold rape victims to an inappropriately high standard of evidence.
An informal survey of Washington-area schools found that a few,
including Johns Hopkins University in Baltimore and Washington and Lee
University in Lexington, Va., have revisited their sexual misconduct rules.Others report that they plan to this summer.
Some schools will have to revise their rules to eliminate
mediation hearings, an option available to sexual assault victims on some campuses.
The federal guidelines say mediation is inappropriate in such cases.
U-Va. officials said they hoped the new rules will become a
national model. The eight-page document awaits review by President Teresa
Sullivan and would take effect by July.
The new rules drew both praise
and criticism from the small but vocal community of sexual assault victims and
their families.
Susan Russell, mother of a rape victim and founder of the support
group UVA Victims of Rape, said the proposed rules "cover many of the
points I have been writing about for the past seven years."
But she contends that it "took the death of Yeardley Love to
wake up the administration," and she said the institution "cannot
forget the hundreds of women who were raped on that campus and treated as if
their crime were an insignificant matter."
Responding to the criticism, Susan Davis, a U-Va. student affairs
official, said: "We're focusing on our students who are here now. Allow us
to change."
Alleged rape victims at the University of Virginia would no longer
be required to present "clear and convincing" evidence to prevail in
the school's judicial system under rules proposed this week, one of the first
products of a federal campaign to empower victims of sexual misconduct on
campus.
U-Va. is among the first universities to act on new guidelines
released by the federal Education Department last month that call on
universities to strengthen rules for sexual harassment and violence as a matter
of civil rights.
The university responded quickly because its review was already
underway. U-Va. began revising its rules on sexual misconduct in December, four
months ahead of the federal directive.
University officials said it was coincidental that the institution
began overhauling the rules within months of the death last spring of
22-year-old student Yeardley Love.
Her on-again, off-again boyfriend, George Huguely, is charged with
murder for allegedly killing Love, a case that set off national debate about
relationship violence.
"Sexual misconduct has no place in the university's community
of trust," Patricia Lampkin, U-Va.'s chief student affairs officer, said
in a statement Thursday.
Under the new rules, the university would broaden its definition
of sexual misconduct to include relationship violence, cyberstalking and
recording or transmitting sexual images.
The proposed policy also would remove existing limits on time and
geography, freeing students to bring complaints about incidents outside
Charlottesville and to pursue cases from years past.
Nearly one young woman in five at college will be the victim of
sexual assault or attempted assault, according to Justice Department
statistics. U-Va. and many other universities have faced mounting criticism of
their handling of rape cases.
A broad investigation by the Center for Public Integrity in 2010
found that many cases ended in nominal academic penalties or no punishment at
all. The center also reported allegations that some students - including a rape
victim at U-Va. - were threatened with punishment if they spoke out.
Ada Meloy, general counsel for the American Council on Education,
said most schools do their best to protect the rights of both victim and
accused in misconduct cases.
"These are really very complicated cases," she said.
"They are not as simple as they are often made out to be."
Key language in the new federal guidelines instructs colleges to
judge whether "it is more likely than not that sexual harassment or
violence occurred," the standard for civil rights cases.
Most colleges already follow that standard. But some, including
U-Va., hold victims to the higher standard of "clear and convincing"
evidence. A few, including Stanford, set an even higher bar and required
victims to prove their cases "beyond a reasonable doubt." Stanford
revised its policy last month.
"I think you're going to see a lot of modified policies
coming out," said Alison Kiss, executive director of Security On Campus, a
nonprofit advocacy group. Kiss's group estimates that 10 to 30 percent of
colleges hold rape victims to an inappropriately high standard of evidence.
An informal survey of Washington-area schools found that a few,
including Johns Hopkins University in Baltimore and Washington and Lee
University in Lexington, Va., have revisited their sexual misconduct rules.Others report that they plan to this summer.
Some schools will have to
revise their rules to eliminate mediation hearings, an option available to
sexual assault victims on some campuses.
The federal guidelines say mediation is inappropriate in such
cases.
U-Va. officials said they hoped the new rules will become a
national model. The eight-page document awaits review by President Teresa
Sullivan and would take effect by July.
The new rules drew both praise and criticism from the small but
vocal community of sexual assault victims and their families.
Susan Russell, mother of a rape victim and founder of the support
group UVA Victims of Rape, said the proposed rules "cover many of the
points I have been writing about for the past seven years."
But she contends that it "took the death of Yeardley Love to
wake up the administration," and she said the institution "cannot
forget the hundreds of women who were raped on that campus and treated as if
their crime were an insignificant matter."
Responding to the criticism, Susan Davis, a U-Va. student affairs
official, said: "We're focusing on our students who are here now. Allow us
to change."
