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The essential controversial elements of OCR’s policy needed schools to make use of the lenient “preponderance for the evidence” standard

The essential controversial elements of OCR’s policy needed schools to make use of the lenient “preponderance for the evidence” standard

(“50% plus a feather”) in disciplinary hearings and discouraged hearings that are live cross-examination. Both OCR plus the White House pressured schools to use a “single investigator” model that offers one individual appointed because of the school’s Title IX coordinator authority not merely to analyze alleged misconduct, but to ascertain guilt 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 websites 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 may take actions to avoid the harassment from developing a aggressive environment. (altro…)