On the recordApril 26, 2012
to address the real problems of domestic violence among Native Americans, our substitute would permit tribes to petition for protective orders against non-Indians in Federal court. The committee-reported bill did not respect due process in the area of accusations against college students. Of course, allegations of sexual assault on campus should be taken as seriously as anywhere else. But reputations can be ruined by false charges, so it is important that fairness in adjudications occur. As a practical matter, the committee-reported bill imposed on these campus proceedings the standards of proof issued in a controversial proposed regulation by the Department of Education. They were very weak and unfair. Additionally, under the committee-reported bill, if the campus disciplinary authority exonerated the innocent even under the weak standard of proof, the accuser could appeal for another round of proceedings. That just is not fair. At the last minute, the majority has changed the first but not the second of these provisions. Now, the investigation must be fair and impartial. That is progress. This change should have been made much earlier. But the bill still allows a person who has been found innocent after a fair investigation to be pursued again at the victim's request. Our substitute eliminates that unfairness. The committee bill also mishandles immigration issues.…





