Student Sexual Misconduct Posts
ALI Membership Approves Principles of the Law, Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities
ALI members voted at The American Law Institute’s Annual Meeting to approve Principles of the Law, Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities.
At its meeting on January 20 and 21, 2022, the ALI Council reviewed and discussed Council Drafts of nine projects.
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
Rape Exceptionalism Returns to California: Institutionalizing a Credibility Discount for College Students Reporting Sexual Misconduct
This Article focuses on a 2019 California appellate opinion that required most public and private colleges in the state to rewrite their procedures for campus sexual misconduct adjudications.
At its meetings on October 13 and October 22-23, 2020, the Council reviewed and discussed Council Drafts of seven projects and approved drafts and portions of drafts.
In Boermeester v. Carry, a case involving former USC kicker Matt Boermeester who was expelled from the university in 2017 because of an intimate partner violence charge, the California Court of Appeal found that USC did not provide “a meaningful opportunity to cross-examine critical witnesses at an in-person hearing” as recognized under the new Title IX regulations.
On May 6, the U.S. Department of Education announced a new regulation defining sexual harassment, requiring supportive measures for survivors, and restoring due process on campus.
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 Students
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.