Miltenberg: “Obama campus assault guidance gets scrapped under Trump,” The Atlanta Journal-Constitution

The Trump administration on Friday scrapped Obama-era guidance on investigating campus sexual assault, replacing it with new instructions that allow universities to require higher standards of evidence when handling complaints. … Andrew Miltenberg, a New York lawyer who represents students accused of sexual assault, described Obama’s standard as only “50.1 percent certain” and said that it ignored the presumption of innocence and put the burden on the accused to prove that the assault did not happen. Miltenberg said the system proposed by DeVos is much more fair. “Certainly, it’s a much more stringent standard and one that is less open to subjective interpretation,” Miltenberg said.

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