"briefly" By The University Of Chicago Law Review

This is Part Two of our three-part series discussing Title IX, and sexual misconduct proceedings on university campuses. Secretary of Education Betsy DeVos recently attracted controversy by rescinding the Obama administration’s guidance for how universities should handle sexual misconduct cases on their campuses. We interviewed four professors separately to consider the evidence standard in college proceedings. Many campus proceedings use the “preponderance of the evidence” standard. Is this the right standard? What are its benefits? What are its drawbacks? We discuss these questions with Professor Daniel Hemel, Assistant Professor of Law at the University of Chicago, Professor Katherine K. Baker, Distinguished Professor of Law at Chicago-Kent College of Law, Professor Laura Kipnis of Northwestern University School of Communication, and Professor Brian Leiter, Karl N. Llewellyn Professor of Jurisprudence, and Director of the Center for Law, Philosophy, and Human Values at the University of Chicago. This epi