mr. cohnerved as the interim legal director in nevada and utah. i now ask our witnesses to stand and raise your right hand. do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth? let the record reflect the witnesses answered in the affirmative. you may take your seat. before i recognize you to provide your testimony, let me briefly explain our lighting system. you have five minutes to present your testimony. when you begin, the light in front of you will turn green. when one minute is left, the light will turn yellow. when your time is expired, the light will turn red. at that point, i will ask that you wrap up your remarks as best as you are able. members will each have five minutes to ask questions. now, i want to recognize ms. ska due to for her commentscaduto f. >> good morning, i thank you for the opportunity to be here today. as a higher education senior administrator with a long history of involvement in the

mr. cohn, in your testimony, you make the important point that rape is a crime and should be treated as such. how could using what you call amateur systems on campus lead to injustice for both victims and accused students? >> thank you for the question, chairwoman foxx. the primary way that the way the status quo works harms both the accused students and the complainants is that we get unreliable findings because the people adjudicated cases don't have the right tools to do it. the same people would be fine on juries are doing -- you have deans of physics departments, english professors and sophomores trying to fig our yut o wut a rape occurred. without forensic evidence, ability to put witnesses under oath. they're doing it without rules of evidence to make sure that relevant information is included and irrelevant is excluded. the idea that they're going to get it right consistently with all of those limitations is a fantasy. so, the primary thing that we can do is make sure that the -- that

mr. cohn, you're recognized for five minutes. >> chairwoman fox, ranking member, honorable members of the subcommittee and members of the committee at large, thank you for the introduction. i'm the legislative and policy director for the foundation. we're a nonpartisan nonprofit organization dedicated to defending student and fak culty civil liberties on america's college campus. i thank you for the opportunity to discuss this critical issue. one of the core constitutional rights that fire defends is due process. universities are both morally and legally obligated to respond to known instances of sexual assault in a manner reasonably calculated to prevent its occurrence. for more than 50 years, courts have held that the constitution requires public institutions to provide meaningful due process protections to accuse students. fire believes that these twin obligations need not be intention. access to higher education is critical. the stakes are extremely high for everybody in campus disciplinar

mr. cohnved as the interim legal director for aclu affiliates in nevada and utah. i now ask our witnesses to stand and raise your right hand. do you solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth? let the record reflect the witnesses and in the affirmative. you may take your seat. before i recognize you to provide your testimony let me explain our lighting system. you have five minutes to friend your testimony. when you begin, the light in front of you will turn green. when one minute is left the light will turn yellow. when your time is expired, the light will turn red. at that point i will ask that you wrap up your remarks as best as you are able. members will each have five minutes to ask questions. now i want to recognize miss skaduto for her comments. >> thank you chairwoman fox and chairman klein. thank you for the opportunity to be here today. as a higher education senior administrator with a long history of

maatz or mr. cohn you would like to comment on how we -- we got to stop it. >> yeah. >> how do we stop this? >> well, and i think you have hit on a tee point in terms of getting men involved an enthe reality is when you're doing this kind of programming, men as allies not accusing, pointing fingers. we know that this happens. here's what you can do about it because you have sisters, you may have daughters, because you have friends that this could impact. that bystander intervention in particular can be particularly effective with men because they can distract, they can have another conversation, and that peer pressure, you know, never pressure, you know, never underestimate the power of peer pressure. right now in some terms it's working against us in terms ofv the norms and stereotypes, and we need to make it work for us. and i think working with men in the process is a great way to do that. the other thing i would say is you need to bring in other folks from the entire community. not just athletics d

thank you. >> mr. cohn, is the problem that you have with the campus judicial process, is it the standard or is it what you consider to be a flawed implementation of the -- of the standards they use or both? >> i think both. >> so now, i mean, it certainly seems reasonable that a school for its own purposes might want to use a preponderance of evidence standard or even a lower standard, perhaps a likelihood standard, we're talking about a private institution and i was running one i might say even if there's a 20% or 30% chance it happened i wouldn't want -- i would want to remove this individual. why shouldn't a private institution in the interests of promoting a safe environment use even a lower standard like a reasonable likelihood standard? >> private institutions operate under different rules than the public ones because the constitution doesn't necessarily apply. so, that question's been answered in the public institutions that due process is paramount and due process requires reasonable determinations

mr. cohn, time is running out. and as i heard your presentation, brought back memories of what is approximate 20 years of service on this committee, congresswoman patsy mink from hawaii led a group of numbers of congress to focus on title ix. there was a mindset throughout the country, especially from some certain states, that wanted, that title ix removed or weekend so that it would not be a problem for them. .. is not removed from society. they are free to walk the streets. street. it isn't safe for either. the truth of the matter is the schools need schools needed to not be in different claims and make sure they can provide the kind of services necessary to make sure they can get an education. and it isn't tied to being a factfinder. >> the list of universities throughout the country was in violation under investigation right now has doubled, tripled and quadrupled or so i think that we in congress need to address this. this is a complicated and difficult situation and i think probably i'm the only one who's exa

mr. blankfein's news, gary cohn, president and ceo, is likely to see an enhanced responsibility. o lead the firm, but a person close to the situation said that cohn, who is very public face of goldman sachs anyway, has responsibility, and they have a very, very deep talent there to step in if need be if mr. blankfein or loid is not able to assume responsibilities in the treatment. again, the lymphoma is seen as curable, and doctors expect he'll continue to lead the firm. again, when he found out at noon, his final diagnosis, he informed the board at 4:00 and management at 7:00 yesterday. back to you. >> mary, that's a very similar chain of events as to what we saw recently with jamie dimon when he was diagnosed with cancer at chase, and or jp morgan and what we saw happen with warren buffet when he was diagnosed with prostate cancer. a similar situation, inform the board, tell the public some of what's going on, but they have a right to privacy. this may be the most that we hear on some of the details for a while, i assume? >> caller: you're right. i think, you know, not up like o