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

["S. Daniel Carter" <>]

The preponderance of the evidence standard was not codified in the Campus SaVE Act, but remains one of the expectations of the U.S. Department of Education’s Office for Civil Rights for how institutions will handle cases under Title IX.

I’m also attaching just the portion of the VAWA reauthorization signed by the President today that reflects SaVE for easier reference.

S. Daniel Carter

Director of 32 National Campus Safety Index

VTV Family Outreach Foundation

P.O. Box 230024 * Centreville, Virginia  20120

Office: 202-684-6471

www.vtvfamilyfoundation.org

The VTV Family Outreach Foundation is a national non-profit organization, formed by the families of the victims and survivors of the April 16, 2007 mass shooting tragedy at Virginia Tech. The focus of VTV is to promote and advocate for the safety and security of the nation’s colleges and universities – and to provide assistance and services to victims of school and college crime and their families.

From: Kegan Allee <>
Date: Thursday, March 7, 2013 4:56 PM
To: "" <>
Subject: Campus SaVE Act and the preponderance standard?

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: VAWASaVEfinal.pdf
Description: Adobe PDF document