Student Sexual Misconduct Posts

Principles of the Law, Student Sexual Misconduct Referenced in CA Court of Appeals Dissent

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.

Providing Guidance in Campus Disciplinary Procedures

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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.

Do the Proposed Title IX Regulations Protect or Undermine Due Process?

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.

October 2019 Council Updates

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.