The University will lower its standard of proof for internal proceedings on sexual assault from a "clear and convincing standard" to a "preponderance of evidence standard," Senior Vice President for Communications and External Affairs Andrew Gully said in an interview with the Justice. According to the preponderance of evidence standard, the University would need to determine that "it is more likely than not that sexual harassment or violence occurred," according to an April 4 letter issued by the Office of Civil Rights at the United States Department of Education.

The previous clear and convincing standard required that it be "highly probable or reasonably certain that the sexual harassment or violence occurred," according to the letter.

Gully said that the change will go into effect immediately and will be recorded in the Students Rights and Responsibilities Handbook over the summer.

The change of the standard of proof from "clear and convincing" to "a preponderance of the evidence" was made in order to comply with new guidelines under Title IX of the Education Amendments of 1972 issued by the OCR in the April 4 letter.

According to statistics published online by the Department of Public Safety, there were two "forcible sex offenses" in 2008 and one in 2009 on the Brandeis campus.

Title IX prohibits "discrimination on the basis of sex in education programs or activities operated by recipients of Federal financial assistance," according to the letter. Title IX also defines sexual harassment as a form of sex discrimination.

According to the letter, "The requirements of Title IX pertaining to sexual harassment also cover sexual violence." Sexual violence, as defined by the letter, "refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent."

According to the letter, the new Title IX guidelines also require schools to take "immediate and appropriate action" if it "knows or reasonably should know of possible sexual violence." Parties involved in the dispute would also have equal opportunity to present witnesses and equal appeal rights.

Schools would be required to "take prompt and effective steps to end the sexual violence, prevent its recurrence, and address its effects" regardless of any police investigations.

Universities must also "issue a policy against sex discrimination, adopt and publicize grievance procedures and have a Title IX coordinator in order to comply with Title IX," according to the letter.

The Title IX coordinator would be responsible for "overseeing all Title IX complaints," according to the letter.

In an interview with the Justice, Gully said that students currently have three options when they report a case of sexual assault to Public Safety.

One option is to go to the Waltham district court and file a criminal complaint. A second is to go to the student judicial system and file a judicial complaint and the third option is to have the file noted but kept within Public Safety, said Gully.



-Fiona Lockyer contributed reporting.