Dive Brief:
- At least 10 students who were disciplined after investigations into alleged sexual assault have successfully sued their institutions for violating their own due process rights.
- Inside Higher Ed reports the flurry of wins is unprecedented when it comes to setbacks for colleges and universities over student conduct cases, and critics of the U.S. Department of Education’s guidance over Title IX say its Office of Civil Rights must share the blame.
- While some experts say the Education Department did not encourage schools to violate due process, the lawsuits will put even more pressure on institutions to strike a balance between aggressively following up on sexual assault allegations and ensuring their processes are fair.
Dive Insight:
Title IX is a law about equity in education. It was long known for its impact on women in sports, forcing schools receiving federal funds to provide equal opportunities to female athletes and male athletes. The second generation of Title IX, however, is undoubtedly tied to sexual assault. Policymakers and activists, appalled by statistics that indicate as many as one in five women are sexually assaulted during their college years, have pressured colleges to be intentional about prevention measures and aggressive about investigations into allegations.
People who are sexually assaulted have the option of reporting the criminal offense to the police or the civil rights violation to their schools. University of California System President Janet Napolitano is among those arguing the real focus should be improving the criminal justice system, not asking colleges to create an alternative system on their campuses.