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Posted on Mon, Oct 24, 2011 : 10:45 a.m.

University of Michigan developing new policy on sexual misconduct

By Cindy Heflin

The University of Michigan plans to develop a new policy on sexual misconduct this winter, The Michigan Daily reported.

The plan to craft a permanent policy follows the implementation of an interim policy put in place this summer that lowers the standard of evidence needed for investigation allegations of sexual misconduct.

The interim policy requires “a preponderance of the evidence” to move forward with an investigation. The previous policy required “clear and convincing evidence” that misconduct had occurred.



Tue, Oct 25, 2011 : 6:19 p.m.

I'm confused. Why aren't the standards the same across all agencies. Do Ann Arbor police have different standards of evidence than U of M? If so, why?


Mon, Oct 24, 2011 : 5:12 p.m.

The part of the policy that changes a complaint driven process to an investigation driven process is fine. The part that lowers the proof required to a "preponerance of evidence" (i.e. more likely than not) is going to create some tremendous tragedies. It is not only that you can be convicted if the plaintiff is more credible than you are but there are essentially no rules of evidence (e.g. hearsay is allowed, the accused has no right to compell testimony or the production of documents, and the panel is made up from administrators and a student representative, which means they have no training in how to be a judge). The hearing panels may be biased by a variety of factors. Just try to get into another good university after you are expelled for sexual misconduct from UM.


Mon, Oct 24, 2011 : 3:06 p.m.

Yeah, screw due process!