Proposed rule changes would provide greater rights to students in New York or elsewhere who are accused of sexual assault. During the Obama administration, schools were encouraged to use a preponderance of evidence standard in such cases. This means that a person could be found guilty of sexual assault by a school if it seemed more likely than not that it occurred. The changes proposed by Betsy DeVos would allow schools to choose their own standard of proof.
Wrongful convictions in New York are sometimes overturned by the introduction of new DNA evidence not previously available. Anywhere between 3 and 5 percent of serious crimes like murder results in exoneration when new evidence comes to the light. Lesser crimes like aggravated assault and drug possession rarely get overturned due to wrongful convictions.