Dive Brief:
- Students facing disciplinary action for sexual assault allegations are fighting back in courts and, in recent months, have begun to win due process cases against their colleges — even if gender discrimination cases continue to fall flat.
- Inside Higher Ed reports that the success of the due process lawsuits adds a complicating factor to colleges’ attempts to crack down on sexual assaults, creating pressure on institutions to make their disciplinary proceedings run more like formal court cases.
- Congressional Republicans have introduced a bill that would give students the right to hire lawyers for campus investigations and let colleges consider a higher standard of evidence in such cases, but Democrats say standardizing adjudication processes will protect the rights of both parties without going so far.
Dive Insight:
Colleges seem to be moving toward a no-win environment when it comes to campus sexual assault. The relatively new use of Title IX to hold institutions accountable for sexual assaults that happen on their campuses has created a floodgate of complaints against schools. On the other side, the trickle of due process complaints against schools by the accused could turn into a flood given four recent successes in as many months.
Many believe colleges are simply not equipped to handle sexual assault investigations, as both the accused and the accuser are part of their curated campus communities. But, many victims do not want to go to the police. The rights and responsibilities of colleges are bound to be shaped by Congressional legislation, but how, exactly, depends on who writes the bill.