That’s the position taken by Lara Emily Barzelon in this NYT op-ed:
Education Secretary Betsy DeVos’s proposed regulations overhauling how colleges handle sexual assault, which may become law in January, are far from perfect. But there is a big reason to support them: I’m a feminist and a Democrat, and as a lawyer I have seen the troubling racial dynamics at play under the current Title IX system and the lack of due process for the accused. Ms. DeVos’s proposals take important steps to fix these problems.
Consider this scenario: A young black man enrolls at a state university in California on an athletic scholarship. He’s the first person in his family to go to college. His teammate’s white ex-girlfriend matches with him on Tinder, comes to his apartment, has sex with him and, they both agree, returns three days later to have consensual sex.
Weeks later, the young woman, who has reconciled with her boyfriend, claims the Tinder match raped her during the first sexual encounter. The Tinder Match adamantly denies this. Her boyfriend, who is also black, says she is lying. There is no hearing, no chance for the accused to ask her questions.
But the Title IX investigator concludes that he committed sexual assault by finding her more credible than him under the preponderance-of-the-evidence standard, under which the accuser must prove there is a greater than 50 percent chance her claim is true. …