Earlier quoted context omitted.
I think that marcoperaza and tptacek/rayiner might actually be pretty close to being on the same page here. I don't think(?) that marcoperaza is saying that Title IX courts should have the same rules and procedures as a criminal court. It's acceptable to have a lower standard of evidence and, to a degree, relaxes rules of procedure. Especially if these rule changes are paired with limitations on penalties: as rayiner…
I think pretty much everyone agrees that Title IX went off the rails, right? The dispute here seems, by my reading, to be between two prescriptions for moving forward: (1: Rayiner): The problem with Title IX is one of matching scope with procedural rigor. We don't need to raise the level of rigor to that of a courtroom if we constrain the scope and thus the consequences of an adverse action under Title IX. (2: marcop…
I also think that colleges are hopelessly ill-equipped to handle most allegations of sexual assault, which are highly-politicized in the current climate and often boil down to he-said-she-said disputes. A judge is very aware of the kinds of reasoning that are unfair to the defendant, such as categorical claims about men or women, or appeals to political ideology.
And finally, I think there is disagreement as to how tolerable erroneous expulsions are. I would rather err on the side of under-"conviction". Rayiner is arguing that it is just as bad to deny the accuser the right to an education free from such hazards, so we should not favor one over the other. I think the right way of thinking about it is favoring the status quo, unless there is compelling evidence to change it.