Student Sexual Misconduct Posts
Rape Exceptionalism Returns to California: Institutionalizing a Credibility Discount for College Students Reporting Sexual MisconductKelly Alison Behre
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 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.
Due process for those accused of sexual misconduct on college campuses has arisen as an area of increased concern. Many scholars focus on whether the (usually) male students accused of sexual assault and harassment get a fair shake in the quasi-judicial disciplinary proceedings mandated by Title IX, the federal civil rights law that prohibits sex discrimination in educational institutions.
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.