5 Things to Know About Betsy DeVos, Barack Obama, and Campus Rape

By Michael Gryboski, Mainline Church Editor Wednesday, October 25, 2017

The 2011 Dear Colleague Letter

Former President Barack Obama has been decompressing since he stepped down from the White House. | (Photo: Reuters/Jonathan Ernst)

In April of 2011, Russlynn Ali, assistant secretary for civil rights at the U.S. Department of Education sent a "Dear Colleague" letter to colleges regarding standards on how to process on-campus sexual assault cases.

Ali's letter stated that schools must use the "preponderance of the evidence" standard, which involves an accuser meeting the burden of proof if the evidence is slightly more in favor than against.

This "preponderance of the evidence" mandate was contrasted with the "clear and convincing" standard some colleges use, which involves what the letter calls "a higher standard of proof."

"Grievance procedures that use this higher standard are inconsistent with the standard of proof established for violations of the civil rights laws, and are thus not equitable under Title IX," wrote Ali.

"Therefore, preponderance of the evidence is the appropriate standard for investigating allegations of sexual harassment or violence."

The letter went on to state that public schools and "state-supported schools must provide due process to the alleged perpetrator."

"However, schools should ensure that steps taken to accord due process rights to the alleged perpetrator do not restrict or unnecessarily delay the Title IX protections for the complainant," continued Ali.