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News & Notes: Penn law professors condemn new sexual misconduct policy

Nearly one-third of law professors at the University of Pennsylvania wrote a letter criticizing the school's new procedure for handling sexual misconduct on Wednesday, the Philadelphia Inquirer reported.

In response to guidelines for enforcing Title IX, the federal law that prohibits sex-based discrimination, from the Department of Education's Office for Civil Rights, Penn created the position of sexual violence investigative officer, lowered the burden of proof for a student to be found guilty of sexual assault and stopped allowing lawyers of accused students to cross-examine witnesses.

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"We do not believe that providing justice for victims of sexual assault requires subordinating so many protections long deemed necessary to protect from injustice those accused of serious offenses," the sixteen faculty members wrote, adding that OCR's approach violates basic safeguards of the lawmaking process.

The professors recommended upholding access to lawyers in preparation for and during the hearing, the right to cross-examine witnesses against the accused student the ability to present defense witnesses and evidence and the right to a fair and unbiased hearing panel.

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