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Campus SaVE Act and the preponderance standard?


Chronological Thread 
  • From: Kegan Allee <>
  • To: "''" <>
  • Subject: Campus SaVE Act and the preponderance standard?
  • Date: Thu, 7 Mar 2013 13:56:01 -0800
  • Accept-language: en-US
  • Acceptlanguage: en-US

Hello,

 

In comparing the original Campus SaVE Act that was submitted to Congress on April 14, 2011 and the bill that just passed with VAWA I have a question about the preponderance of evidence standard.  The original bill language said that schools must use the preponderance standard (see page 15, line 18 of the original language attached).  In the bill that was just passed it says on page 37

 

‘‘(ii) the procedures that such institution will follow once

an incident of domestic violence, dating violence, sexual assault,

or stalking has been reported, including a statement of the

standard of evidence that will be used during any institutional

conduct proceeding arising from such a report.”

 

Here is a link to a NPR article that states that Will Creeley of FIRE advocated against the preponderance standard: http://www.npr.org/blogs/thetwo-way/2013/03/07/173657424/law-targets-sexual-violence-on-college-campuses.  

 

I’m writing to the list to see if anyone has any information about how universities should proceed based on the DCL 2011.

 

Thanks!

Dr. Kegan Allee, Ph.D.
Assistant Director, Campus Advocacy Resources and Education (CARE) and Women's Center Programming
Women, Gender, & Sexual Equity Programs
University of California, Santa Barbara
1220 Student Resource Building

Santa Barbara, CA 93106-7190
805-893-3305
 
http://wgse.sa.ucsb.edu

 

Attachment: Campus SAVE Act.pdf
Description: Campus SAVE Act.pdf

Attachment: original SaVE Act language.pdf
Description: original SaVE Act language.pdf




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