Abstract

Over the past fifty years, colleges and universities have attempted to increase campus diversity. However, despite expanded educational opportunities for many groups, diverse learning environments are undermined when such environments cannot insure the safety of all students. Title IX, a significant civil rights provision enacted by the United States Congress in 1972, seeks to minimize one factor that threatens student well-being: sexual misconduct. Title IX compliance requires that educational institutions adjudicate cases in which one or more individuals (complainants) allege that one or more other individuals (respondents) attempted and/or completed an act or acts of sexual misconduct. Recent debates over the evidentiary standards that should and/or must be utilized during Title IX adjudications have caused confusion and uncertainty regarding the formulation and implementation of sexual misconduct procedures. An analysis of the pertinent historical and contemporary data indicates that the preponderance of the evidence standard is the best option for Title IX adjudicators. Use of this standard will assist in ongoing attempts to guarantee student safety and the diversification of college campuses.