(11-25-2014 04:30 PM)Captain Bearcat Wrote:  This seems like an issue that affects all colleges:

http://www.cincinnati.com/story/news/201.../70091126/


"A University of Cincinnati athlete and a former UC law student sued the university Tuesday, alleging UC presumed them to be guilty of sexual allegations made against them, violating Ohio's Constitution.....

The athlete was called into his coach's office in October expecting to be named team captain. Instead, he was accused of violating UC's sexual harassment policy. He wasn't told who made the allegation or the substance of the allegation, the suit notes, but was suspended from athletic participation and wasn't given the chance to rebut the accusations or defend himself. Despite filing an open records request for the accusations, the athlete wasn't provided them by UC. He was reinstated five weeks later – but UC still didn't tell him the name of his accuser or the specifics of the accusation....

UC, the suit notes, using the preponderance of evidence, or "more likely than not," as the burden of proof in these cases. In legal settings, the burden of proof is beyond a reasonable doubt. The way UC administers its policy in such cases, the suit adds, does little to be fair to the accused and instead focuses on victim advocacy. "(I)n practice," the suit notes, "UC often imposes restrictions and punishments based solely on an allegation without allowing for any hearing or even conducting an investigation.""

The lawsuit does not name either of the students involved, but one was a football player.

Beyond a reasonable doubt is a criminal law standard where the State may take away your liberty or life.

Civil lawsuits are governed by the more probable than not standard, since neither the potential loss of life nor liberty is involved.

I don't have any opinions regarding the rest of the post or the lawsuit.