Probably the most controversial elements of OCR’s policy needed schools to make use of the“preponderance that is lenient of evidence” standard

(“50% and also a feather”) in disciplinary hearings and discouraged hearings that are live cross-examination. Both OCR while the White House pressured schools to use a “single investigator” model that offers one individual appointed because of the school’s Title IX coordinator authority not merely to research alleged misconduct, but to ascertain shame and purity. OCR’s expansive definition of intimate harassment included “verbal conduct” (for example., speech) such as “making intimate comments, jokes or gestures, ” “spreading sexual rumors, ” and “creating e-mails or the websites of a intimate nature. ” OCR told schools so it expected them to “encourage pupils to report intimate harassment early, before such conduct becomes serious or pervasive, such that it usually takes actions to avoid the harassment from developing a aggressive environment.Read More