"DEPT OF ED SHOULD ACKNOWLEDGE THE PROBLEM WITH AFFIRMATIVE CONSENT POLICIES:
Last week FIRE wrote to the Department of Education’s Office for Civil Rights (OCR) and requested that OCR ask colleges and universities not to use “affirmative consent” standards that violate the due process rights of students accused of sexual assault.
Affirmative consent policies are generally overbroad, vague, and unfairly shift the burden of proof to the accused.
And how would an innocent student demonstrate he or she received affirmative consent?
As Assemblywoman Bonnie Lowenthal, co-author of California’s campus affirmative consent law, said: “Your guess is as good as mine.”
You can read FIRE’s letter over on our website and learn more about the letter over at The Torch.
Also be sure to watch students struggle to define what affirmative consent even means in this video:
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