Student Sexual Misconduct Posts
Principles of the Law, Student Sexual Misconduct Referenced in CA Court of Appeals Dissent
Lauren KlosinskiIn 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.
U.S. Department of Education Announces Changes to Title IX Regulation
Pauline ToboulidisOn 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.
Providing Guidance in Campus Disciplinary Procedures
Deborah Tuerkheimer and Jennifer MorinigoDeborah 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
Lauren KlosinskiOn 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.
January 2020 Council Meeting Updates
Jennifer MorinigoAt its meeting in Philadelphia on January 16 and 17, the ALI Council reviewed drafts for ten projects.
October 2019 Council Updates
Lauren KlosinskiDuring 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 Misconduct
Lauren KlosinskiThe 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.
Jury Sides With Student Accused of Sexual Assault
Jeremy Bauer-WolfThis 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.
Jacques: Cross-exams New Challenge for Campus Sex ‘Courts’
Ingrid JacquesCampus 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.
Legal and Political Responses to Campus Sexual Assault
Michele Landis Dauber and Meghan WarnerDespite 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.