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.

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.

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.