TYPE II ERROR: False non-prosecution
Until 2011, Title IX (the law that prohibits sex discrimination at federally funded schools) was rarely enforced because of a strict standard of proof. That changed under President Obama. With lower standards of proof and evidence rules that favored prosecution, we should see Type II errors fall, but with a corresponding increase in Type I errors.
Defamation claims are the new legal tool for men to clear their name and get their accuser to drop sexual assault complaints, according to legal experts. The defamation cases usually end in settlements.
“Over the last three and half years, there’s been far more legal action brought by men charged by the institution with a sexual assault violation,” said Saunie Schuster, a lawyer who advises a range of colleges and co-founded the Association of Title IX Administrators. “The trend was for them to file an action against the institution for due process, but along the way, we started seeing them not just going to file action against the institution, but also civil actions against the victims.”
It is really hard to tell whether Type I or Type II errors changed by court filings, as the selection of cases for trial is not random. In cases like this, the only recourse is to theory, like that taught in statistics class, showing that reducing one type of error causes an increase in the other.