The purpose of campus disciplinary committees is to impartially investigate a complaint of sexual misconduct, determine the truthfulness of the allegation, and impose appropriate sanctions when indicated. The procedures that are followed to assure an accurate determination and just outcome are referred to as “due process.” Due process protects the rights and interests of both the complainant and the accused.
In 2011 the federal Office for Civil Rights issued a Dear Colleague Letter on Sexual Violence that served to remove many due process protections.[1] Not surprisingly, men and women filed hundreds of lawsuits against their universities and complaints with the OCR during the subsequent years.
In one recent case, Iowa State University agreed to make payments of more than $400,000 to a female student and to its former Title IX coordinator for gross mishandling of credible allegations of sexual assault.[2]
In another recent case involving the University of California-Santa Barbara, a male student filed a lawsuit because his accuser recanted the allegation. Superior Court Judge Thomas Anderle ruled the university’s conduct was “arbitrary and unreasonable,” and ordered the university to allow the student back on campus.[3]
The SAVE report, Six Year Experiment In Campus Jurisprudence Fails to Make the Grade, documents dozens of other cases where complainants and the accused were shortchanged by the deeply flawed procedures of campus “Kangaroo Courts.”[4]
SAVE welcomes the release of the new Title IX regulations, and calls on all stakeholders in this important issue to engage in thoughtful and reasoned debate how to restore due process and fairness on college campuses.
Citations:
[1] http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.html
[2] http://www.iowastatedaily.com/news/investigation-charges-for-iowa-state-title-ix-litigation-top/article_cfc9665c-e5f1-11e8-9cf7-7382863e2d42.html?elqTrackId=ab16571702624c25998822b06877485a&elq=a69b7265c6184f82ab44db5dd01933be&elqaid=21366&elqat=1&elqCampaignId=10204
[3] https://www.thecollegefix.com/judge-rebukes-uc-santa-barbara-for-using-trauma-informed-approach-in-title-ix-proceeding/
[4] http://www.saveservices.org/wp-content/uploads/Six-Year-Experiment-Fails-to-Make-the-Grade.pdf