Student Sexual Misconduct Posts
(En)forcing a Foolish Consistency?: A Critique and Comparative Analysis of the Trump Administration’s Proposed Standard of Evidence Regulation for Campus Title IX Proceedings
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.
Keep Cross-Examination Out of College Sexual-Assault Cases
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.
Dept. of Education Releases Proposed Title IX Regulation
The U.S. Department of Education announced the release of its proposal on improving schools’ responses to sexual harassment and assault.
A Broken System at Ohio State
Ohio State University has dissolved its sexual assault unit amid complaints that employees there told survivors they were lying about reports of sexual misconduct and that they suffered from mental illness or were “delusional.” The institution indicated, too, that the center failed to document and report sexual assaults in a timely way, despite university policy that dictates all employees do so.
Student Sexual Misconduct: Introductory Note
Principles of the Law, Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities will be presented for discussion at ALI’s 95th Annual Meeting. Below is the Introductory Note included in the draft.
UNC must disclose sexual assault findings, judges rule
UNC Chapel Hill must provide the public with the names of students and employees found responsible for rape, sexual assault or related offenses through the school’s honor court and internal procedures.
College appoints members to sexual misconduct committee
The College announced the members of the Presidential Steering Committee on Sexual Misconduct, which will review College policies on sexual misconduct, ensure they are clear and present recommendations on policy development, education and training.
Supporting graduate student survivors of sexual misconduct
The Daily Californian explores the considerations specific to graduate students facing sexual misconduct issues and what UC Berkeley is doing to address these concerns.
January Council Meeting Updates
At its meeting in Philadelphia on January 18 and 19, the Council reviewed drafts for several projects, with the following outcomes:
Finding the Balance in Title IX
In “The Takedown of Title IX: Inside the fight over federal rules on campus sexual assault,” The New York Times highlights the tension between addressing sexual assault allegations and ensuring the due process rights of the accused during campus proceedings.