1.5 - Sexual Misconduct in Higher Education: What is the Proper Standard of Proof? (Part Two)

This is Part Two of our three-part series discussing Title IX, and sexual misconduct proceedings on university campuses. Secretary of Education Betsy DeVos recently attracted controversy by rescinding the Obama administration’s guidance for how universities should handle sexual misconduct cases on their campuses. We interviewed four professors separately to consider the evidence standard in college proceedings. Many campus proceedings use the “preponderance of the evidence” standard. Is this the right standard? What are its benefits? What are its drawbacks? We discuss these questions with Professor Daniel Hemel, Assistant Professor of Law at the University of Chicago, Professor Katherine K. Baker, Distinguished Professor of Law at Chicago-Kent College of Law, Professor Laura Kipnis of Northwestern University School of Communication, and Professor Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, and Director of the Center for Law, Philosophy, and Human Values at the University of Chicago. This episode of Briefly, a production of the University of Chicago Law Review, was produced by Kathryn Running, Tom Molloy and John Tienken. Music from www.bensound.com. Special thanks to the entire online team, including Grace Bridwell, Tom Garvey, and Noel Ottman, and our Editor in Chief Pat Ward and Executive Editor Kyle Jorstad. Thanks for listening, and be sure to check out Parts One and Three.