Public Opinion Polls
Numerous public opinion polls reveal that Americans believe accused students should enjoy a broad range of due process protections. The six national surveys are presented first, followed by state-level surveys in Missouri, Virginia, and California:
NATIONAL
1. A poll by SAVE surveyed a representative sample of 2,806 persons on November 12-16, 2020:
Percent of respondents who agreed:
- Students accused of crimes on college campuses should receive the same civil liberties protections from their colleges that they receive in the court system: 68%
- Students accused of sexual assault on college campuses should be punished only if there is clear and convincing evidence that they are guilty of a crime: 75%
- Students accused of sexual assault on college campuses should have the right to know the charges against them before being called to defend themselves: 80%
- Allegations of sexual assault on campus should be primarily handled by the state or local police: 68%
The survey used the same questions and methods as the 2017 poll conducted for the Bucknell Institute for Public Policy — see below.
2. A national survey conducted May 20-25, 2020 by the Fairleigh Dickinson University Poll of 1,003 adults asked,
“Assume you or someone you loved reported being sexually assaulted while attending a college or university. Please tell me if you would favor or oppose each of the following:
- “A live court-room style hearing for the accused and accuser to meet and cross examine each other and any witnesses with the assistance of attorneys.” 62% of respondents favored, 31% opposed, 7% didn’t know
- “The opportunity for the accused and accuser to cross examine each other and any witnesses remotely with the assistance of attorneys so that they would not have to be face to face.” 67% of respondents favored, 28% opposed, 5% didn’t know, 1% refused.
3. A 2018 survey of 2,225 undergraduate students sponsored by the Foundation for Individual Rights in Education found widespread support for campus due process in sexual assault cases:
- 80% support the presumption of innocence
- 68% support cross-examination
- 72% support a unanimous decision required for expulsion
4. A Rasmussen poll conducted in September 2017 found that 73% of American adults agree with Secretary of Education Betsy DeVos’s statement, “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” Six percent disagree, and 20% are not sure how they feel about her statement.
Americans are split, however, on whether sexual assault on campus is an area that the federal government should be involved:
- Yes: 47%
- No: 40%
- Not sure: 13%
5. A poll by the Bucknell Institute for Public Policy conducted July 25-August 1, 2017 of 1,200 persons reported these results:
Percent of respondents who agreed:
- Students accused of crimes on college campuses should receive the same civil liberties protections from their colleges that they receive in the court system: 67%
- Students accused of sexual assault on college campuses should have the right to cross-examine their accusers: 61%
- Students accused of sexual assault on college campuses should be punished only if there is clear and convincing evidence that they are guilty of a crime: 71%
- Students accused of sexual assault on college campuses should have the right to know the charges against them before being called to defend themselves: 81%
- Allegations of sexual assault on campus should be primarily handled by the state or local police: 69%
6. The Kaiser Family Foundation conducted a national survey on March 15, 2015 among a representative sample of U.S. adults (Question 33):
- Which of the following comes closer to your view: (As a serious crime, sexual assault complaints should only be investigated by the police) or (As an issue regarding student conduct, it is appropriate for colleges to investigate sexual assault cases)?:
- Police: 60%
- Colleges: 30%
- Depends: 5%
- No opinion: 4%