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On June 16, 2016, a former University of Virginia School of Law student filed a federal lawsuit challenging the Department of Education’s (ED’s) unlawful mandate that colleges abandon due process protections and try sexual misconduct cases using the lowest standard of evidence. ����ֱ�� and other civil liberties advocates have continually objected to the ED’s “preponderance of the evidence” mandate since its Office for Civil Rights announced the requirement in a 2011 “Dear Colleague” letter. Advocates have warned that the letter diminishes accused students’ due process rights and violates the Administrative Procedure Act. ����ֱ�� is sponsoring the lawsuit.

Following the September 2017 rescission of the “Dear Colleague” letter, this lawsuit was voluntarily withdrawn on February 21, 2018.