This past week, the Office for Civil Rights (OCR) issued an interim guidance document on campus sexual misconduct in advance of final rule making on schools’ responsibilities under Title IX to respond to sexual misconduct complaints. The document is in Q&A form and may be
Most significantly changed from previous guidance is the addition of a new evidentiary standard that schools can apply in determining whether campus sexual misconduct has occurred. Schools may now choose to apply either “preponderance of the evidence” or “clear and convincing evidence” in making that determination. Schools must, however, be
consistent in which standard is used from case to case.