Rights group sends letter to Ed Dept. opposing affirmative consent

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The Foundation for Individual Rights in Education has sent a letter to the Education Department formally opposing affirmative consent, or "yes means yes," policies at colleges and universities.

FIRE has written against the use of yes-means-yes policies previously, as the rules define nearly all sex as rape and provide little recourse for accused students to prove their innocence.

"Given [the Education Department's Office for Civil Rights'] repeated acknowledgment that colleges' and universities' implementation of Title IX should not impinge on students' due process rights, the agency should clearly and publicly censure any consent standard — including the 'affirmative consent' standard — that seriously undermines an accused student's ability to defend himself or herself in a fair hearing," wrote FIRE's senior program officer, Susan Kruth.

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