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Harvard Law professors Jeannie Suk and Janet Halley are outspoken critics of current campus sexual assault policies. One reason for their opposition is that most of the accusations they have seen have been made against minority students.

Suk, writing for the New Yorker, outlined the past "historical bias against victims," who were not believed, but suggested that bias not be replaced "with the tenet that an accuser must always and unthinkingly be fully believed." Swinging the pendulum in this way has played right into another crime narrative — the overcriminalization of black men.

"And if we have learned from the public reckoning with the racial impact of over-criminalization, mass incarceration, and law enforcement bias, we should heed our legacy of bias against black men in rape accusations," Suk wrote. "The dynamics of racially disproportionate impact affect minority men in the pattern of campus sexual-misconduct accusations, which schools, conveniently, do not track, despite all the campus-climate surveys."

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