Eighteenth International Conference on Diversity in Organizations, Communities & Nations

Abstract

This paper focuses on a contentious element in Title IX enforcement–the adoption by colleges/universities of a “preponderance of evidence” standard (versus a “reasonable doubt” standard) when adjudicating sexual misconduct cases. The educational experience on college campuses is enriched by a diverse faculty, staff, and student body. Such diversity enhances academic/co-curricular performance and fosters a celebration of difference. To promote diversity, institutions of higher learning must insure the safety and well-being of all members of the campus community. One way to achieve this goal is by enforcing Title IX of the U.S. Education Amendments of 1972. Title IX requires that educational institutions maintain an environment free from sexual discrimination. In its broadest formulation, this type of discrimination includes sexual misconduct related to gender, gender identity/expression, and sexual orientation. This paper includes a review and critical analysis of nascent case law, emergent policies, and current litigation pertaining to Title IX evidentiary standards. The aforementioned review and analysis indicate that the preponderance of evidence standard should be kept. In order to safeguard efforts to promote diversity of gender, gender identity/expression, and sexual orientation, institutions of higher learning will need to refute objections to the preponderance of evidence standard.