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SAVE Commends Sen. John Kennedy for ‘Ensuring Fairness for Students Act’

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Rebecca Hain: 513-479-3335


SAVE Commends Sen. John Kennedy for ‘Ensuring Fairness for Students Act’

WASHINGTON / April 4, 2023 – Senator John Kennedy of Louisiana recently introduced the Ensuring Fairness for Students Act, a bill that is designed to codify due process protections in campus Title IX proceedings. In introducing the bill, Kennedy charged the Biden White House is seeking to “roll back fair proceedings on school campuses by making students guilty until proven innocent.” (1)

The bill would provide for a number of due process protections, such as assure that both parties are provided written notice of the allegations, require objective evaluation of the evidence, uphold the presumption of innocence, eliminate conflict of interest, and allow cross-examination.

Just three days after the Kennedy bill was introduced, a news account revealed the deplorable state of Title IX procedures on many campuses (2). The report highlighted the case of a former University of Maryland student who had been accused of sexual misconduct. Even after he was cleared of the charge, two students undertook a campaign to accuse him of being a rapist, causing him to be kicked off the university’s lacrosse team. Saying the university Title IX office failed to intervene to stop the defamation campaign, the lawsuit is seeking over $1 million in damages.

A recent national survey conducted by FIRE found that (3):

  1. 72% of universities failed to provide timely notice of allegations to students accused of wrongdoing.
  2. 60% of schools do not assure the presumption of innocence.
  3. Only 15% of institutions guarantee that accusers and the accused could see the evidence being presented to fact-finders.

SAVE commends Senator Kennedy for introducing the bill, and encourages other members of Congress to take steps to support the bill’s prompt enactment into law.

The Ensuring Fairness for Students Act can be viewed online (4).