Rich Zeoli Talks To Penn Professor About Opposition To New Sexual Assault Guidelines
PHILADELPHIA (CBS) -- On Talk Radio 1210 WPHT, Rich Zeoli spoke with University of Pennsylvania Law Professor Jill Fisch who was one of 16 members of the faculty that authored an open letter objecting to new polices pertaining to sexual assault guidelines at the suggestion of the federal Department of Education Office and Civil Rights.
Fisch believes the new guidelines are being forced on schools and have not gone through the proper vetting process.
"Our primary objection is that OCR really is putting a gun to the head of both Penn and the other universities that are involved in this process. This is a legal standard that OCR is applying. It's not something that was adopted by Congress in a statute. It's not something was subject to a formal rule making process in which there's an opportunity for parties to be heard, an opportunity to gather facts. This is something that the OCR has implemented through a very informal process."
She said she fears this will only add to the murkiness surrounding sexual misconduct cases and make it harder for schools to ascertain the truth.
"Some sexual assault cases are extremely difficult, even under the criminal standard, because we are typically talking about conduct that doesn't have any witnesses, conduct that depends, very much, on the state of mind, the perception of the parties that are involved, issues of consent with college students. There may also be complicating factors such as alcohol or drugs that limit the ability of the parties to understand what's going on, to perceive the situation. So we're talking about a weak standard of proof with respect to conduct in which the truth is often hard to figure out."
Fisch stated more work must be done to institute policies that work for all sides, rather than moving forward with the new protocol.
"An appropriate response is a matter of grave concern for both men and women. Women need a vehicle in which they can address these issues fairly [and] have a reasonable record. To the extant that it's an investigative process, a hearing process that's deficient, that hurts both sides."
