The Foundation for Individual Rights in Education has been battling unfair campus sexual assault policies for years. Now, civil liberties attorney and Senior Vice President of FIRE Robert Shibley has written an article in the Washington Post about the unfair processes.

Activists and supporters of the new Title IX regime claim that using a lower standard of proof — the preponderance of evidence — is what is used in civil court, and therefore acceptable in college tribunals. FIRE — and I — have pointed out before that civil court also comes with other due process protections that are absent from college tribunals. Those missing protections have become detrimental to accused students, as schools are under extreme pressure to find more students responsible for sexual assault or face an investigation by the federal government.