The absolute most controversial elements of OCR’s policy needed schools to make use of the“preponderance that is lenient of evidence” standard

(“50% plus a feather”) in disciplinary hearings and discouraged real time hearings and cross-examination. Both OCR while the White House pressured schools to use a “single investigator” model that provides anyone appointed by the school’s Title IX coordinator authority not merely to analyze alleged misconduct, but to find out shame and purity. OCR’s expansive concept of intimate harassment included “verbal conduct” (i.e., speech) such as “making intimate comments, jokes or gestures, ” “spreading sexual rumors, ” and “creating e-mails or those sites of a intimate nature. ” OCR told schools so it expected them to “encourage pupils to report intimate harassment early, before such conduct becomes serious or pervasive, such that it usually takes actions to stop the harassment from making a aggressive environment. Continue reading →