AGS Council Legislation 

Resolution 17-02 Continued Use of a Preponderance of Evidence Standard in Title IX Hearings

Sponsored by:  Connor Strobel & Chance Pardon, Social Sciences & Law Representative
  on behalf of:     
 Date of Presentation: 3/14/17
 

Section One: Council Findings

 

(1)  Sexual and gender-based violence and harassment are a detriment to the mission of the University of California, Irvine ('University"), and the graduate student community.

 

(2)  The University, as a Federally-funded university, has an obligation to prevent, investigate, and resolve instances of sexual and gender-based violence and harassment pursuant to Title IX of the Education of Amendments of 1972 ("Title IX").

 

(3)  Instances of sexual or gender-based violence or harassment often present difficult evidentiary problems and are a significant burden on victims seeking assistance.

 

(4)  Students accused of sexual or gender-based violence or harassment have a right to a fair process that balances the interests of the University with the high interest of the accused in continuing to be a member of the University community and the need to prevent erroneous results.

 

(5)  The University has an obligation to equitably resolve grievances concerning sexual discrimination, including sexual and gender-based violence and harassment, under current Federal regulations.

 

(6)  The United States Department of Education ("Department of Education") currently interprets this obligation to require a preponderance of evidence standard be used in resolving grievances. U.S. Dep't of Edu., Dear Colleague Letter 10–12 (Apr. 4, 2011).

 

(7)  A preponderance of evidence standard is consistent with the judicial resolution of other civil rights violations and provides sufficient due process to the accused.

 

(8)  The current policy of the University is to use a preponderance of evidence standard. UCI Policy 103.10.

 

(9)  The current President of the United States and the Secretary of Education have expressed a desire to remove deference to agency interpretations of the law and a negative opinion towards laws and practices designed to minimize and protect against sexual and gender-based violence and harassment.

 

(10)                 In light of the President and Secretary’s views, the Council must take action to preserve the rights of all graduate students to be free from violence and harassment based upon their sex or gender.

 

(11)                 Even without deference to the current Department of Education interpretations, the preponderance of evidence standard continues to be the most equitable balance between the interests of victims, the University, the graduate student community, and the accused.

 

Section Two: Council Policy

 

(1)  It is the policy of the Associated Graduate Students of the University of California, Irvine ("AGS") that a preponderance of evidence standard should be used in the resolution of grievances concerning sexual and gender-based violence and harassment.

 

(2)  AGS expresses no opinion or preference concerning the other procedural due process elements within University policy or their adequacy.

 

Section Three: Directives to the Executive Board

 

(1)  The AGS Executive Board is hereby directed to advocate for the continued use of a preponderance of evidence standard with University administrators and during advocacy within the University of California system.

 

 

 


 
Vote Required: Majority

FINAL VOTE:  

YEA:  

NAY:  

ABS: