My main concern is the corrosion of the rights of students to be not guilty without any real evidence. In speaking to the legal department at UM they referred me to the "Dear Colleague Letter" which was put out by the US dept of Education last april. Link - http://www2.ed.gov/about/offices/list/o ... 01104.html" onclick="window.open(this.href);return false;
I was told the burden of proof went from a preponderance of evidence to simply a most likely scenario by the schools now. Well I was told this, even though in the FACT SHEET it says the standard used must still be a preponderance of evidence.
http://www2.ed.gov/about/offices/list/o ... 201104.pdf" onclick="window.open(this.href);return false;A school’s grievance procedures must use the preponderance of the evidence standard to resolve complaints of sex discrimination.
What standard is UM actually using?
The Federal goverment is forcing schools to simply decide which case sounds most plausible then punish the supposed offenders based on anything thrown at them. I would have to wonder is any lies, slander or circumstantial evidence is even punishible at these kangaroo courts the Universites are having now to decide the guilt of accused.
If someone lies or is convicted in this UM court then punished, afterwards it is found out the case was based on misleading, circumstantial or outright lies what is the actual punishment for destroying someones life? In a court of law it is clear what you would get for this punishment for the most part, but I am very concerned that now all you have to do is get a few people to go in on a lie with you then bam anyone you dislike will simply be found guilty in this Kangaroo court Universities will now have.
Accoding to what I was told at the UM legal office in mainhall today if its 50.01% or "more likely" that someone seems guilty based on any evidence wether admissable in a court of law or not they will be punished.
This is unacceptable in America. I dont have the money right now to take this on but I really hope someone will back JJ or someone in a similiar situation up. This will need to be taken up the court system until it is found to be the unconstitional piece of garbage this is.
I hope someone with the finances will back up JJ on this and take this to the highest level. Everyone man or woman deserves to be innocent until found guilty in a court of law and have the right to defend themselves accordingly. This is flat out wrong and against everything our founding fathers believed in.