Student Sexual Misconduct Posts
Deborah Tuerkheimer who serves as Adviser to ALI’s Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities Principles project, discusses the special challenges of this area of law and the timeliness of this project’s aim to provide guidance to institutions in their investigations and proceedings in campus disciplinary procedures.
United States Reaches Settlement with Utah State University to Address Sexual Harassment and Sexual Assault of StudentsLauren Klosinski
On Feb. 13, the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the District of Utah announced a settlement agreement with Utah State University to ensure the University responds adequately to sexual harassment.
At its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
The University of Wisconsin Releases Preliminary Findings From 2019 AAU Campus Climate Survey on Sexual Assault and MisconductLauren Klosinski
The University of Wisconsin-Madison released the preliminary findings from the 2019 Association of American Universities Campus Climate Survey on Sexual Assault and Misconduct on October 15.
This article details the case in which a former college student has won more than $100,000 in the first jury trial since the Obama administration rewrote rules on how college officials should adjudicate campus sexual violence.
Campus investigations and hearings surrounding alleged sexual misconduct are increasingly mimicking actual courtrooms, posing some serious learning curves for administrators — and students — who find themselves caught up in the process.
Despite a long history of reform efforts, college students remain vulnerable to sexual harassment and assault on campus. This essay surveys that history from the 1970s to the present, including a flurry of enforcement activity under President Obama and a backlash and reversed course under Trump.
(En)forcing a Foolish Consistency?: A Critique and Comparative Analysis of the Trump Administration’s Proposed Standard of Evidence Regulation for Campus Title IX ProceedingsWilliam Kidder
Prevention of sexual assault and sexual harassment are major challenges at U.S. colleges and universities today. In recent years a vigorous law and policy debate emerged within the higher education community about Title IX and whether the “preponderance of evidence” or “clear and convincing” evidence represents the more appropriate standard of evidence in campus sexual violence and sexual harassment disciplinary procedures.
Requiring cross-examination in campus sexual-misconduct proceedings is among the key features of the Department of Education’s proposed Title IX reforms currently open for public comment.