Charles Davis

Charles Davis

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Is it a violation of Title IX to retaliate against a witness who testifies that the alleged sexual misconduct did not occur? While protecting a complainant who is a victim is important, strangely enough, so is protecting the being complained against. The Duke lacrosse team was abused publlically by people in the Duke community after the false complaint.

 Investigationsv may include, vaguely,

  • ''Other similar incidents on campus; and
  • Any other relevant information.''

but properly must respect the rights of both parties equally, including thazt both have similar opportunities to testify.

Including vaguely defined 'notice' by social media is an invitation to abuse, as in the Duke laceosse case.

While Title IX, the Clery Act, and VAWA promote many worthwhile college policies, this presentation only skims two important issues, namely what a ''preponderance of evidence'' means in practice [including potential ''grey'' areas in testimony, circumstantial evidence, and perspective], and also the real potential for false claims.

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