Are Colleges Adequately Protecting the Rights of the Accused in Campus Sexual Assault Cases?

The American College of Trial Lawyers (ACTL), based in Irvine, California, recently released a new report on campus sexual assault investigations. The introduction to the report says that the American College of Trial Lawyers “believes in the importance of protecting all students from sexual misconduct and ensuring that they are provided an educational environment free of sexual harassment. ACTL also believes that it is important to ensure that students investigated for, or charged with, sexual assault or misconduct violations be afforded basic fairness and due process.”

The ACTL lists seven standards that it thinks should be applied for investigations of sexual assaults on college campuses.

  1. Sexual misconduct investigations and hearings should be conducted with due consideration for any appearance of partiality, including that which might arise from the factfinder’s other responsibilities or affiliations.
  2. The subject of a sexual misconduct investigation should promptly be provided with the details of the allegations and advised of his/her right to consult legal counsel.
  3. The subject of a sexual misconduct investigation has the right to be advised and accompanied by legal counsel at all stages of the investigation.
  4. The parties to a sexual misconduct investigation should be permitted to conduct some form of cross-examination of witnesses, in a manner deemed appropriate by the institution, in order to test the veracity of witnesses and documents.
  5. The subject of a sexual misconduct investigation should be provided with access to all evidence at a meaningful time and in a meaningful manner so that he/she can adequately respond to it.
  6. The standard of proof for “responsibility” should be clear and convincing evidence.
  7. Factfinders in sexual misconduct investigations and hearings should produce written findings of fact and conclusions sufficiently detailed to permit meaningful appellate review.

The full report, White Paper on Campus Sexual Assault Investigations, may be downloaded here.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Related Articles

Latest News

Robin Lynn Cautin Named the Eleventh President of Regis College in Massachusetts

Dr. Cautin, provost of Sacred Heart University in Connecticut, brings over two decades of higher education experience to her new role as president of Regis College in Weston, Massachusetts. She is slated to begin her presidency on July 1.

Antonia Maioni Named the First Woman President of John Cabot University

John Cabot University is a private American University based in Rome, Italy. Dr. Maioni, currently a professor at McGill University in Canada, is slated to become John Cabot's first woman president on July 1.

Michele Murray Appointed President of the Association of Jesuit Colleges and Universities

The Association of Jesuit Colleges and Universities is a national organization that supports Jesuit higher education institutions in the United States, Belize, and Canada. Dr. Murray, who currently serves as senior vice president for student development and mission at the College of the Holy Cross, is slated to become the association's next president on June 2.

Alicia Slater Appointed Provost at Rollins College in Florida

Dr. Slater comes to her new role from Marist University in Poughkeepsie, New York, where she has been serving as senior associate provost, dean of science, and professor of biology.

Emelyn A. dela Peña to Lead the National Association of Diversity Officers in Higher Education

Dr. Peña brings over three decades of higher education experience to her new role as president and CEO of the National Association of Diversity Officers in Higher Education. Her background includes key leadership roles with several universities across the country.

Communications Publications Editorial Manager (Website Content Manager)

The Website Content Manager serves as the primary website lead for the College, collaborating with team members across design, marketing, multimedia, public relations, and government affairs.

Assistant Senior Instructional Professor in the Social Sciences Core (Social Science Inquiry)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Assistant Senior Instructional Professor who will teach in and contribute to the management and administration of the Social Science Inquiry sequence in the Social Sciences Core.

Visiting Assistant Professor of Media Studies

The Department of Cinema & Media Studies at the University of Pennsylvania in Philadelphia invites applications for a one-year Visiting Assistant Professor position in the field of media studies.

Instructional Professor in Law, Letters, and Society (Open Rank)

The Social Sciences Collegiate Division at the University of Chicago is now accepting applications for a full-time Instructional Professor who will teach in the program in Law, Letters, and Society.

Assistant Professor AC Track Assistant Director of Clinical Chemistry Laboratory – Children’s Hospital of Philadelphia

Children's Hospital of Philadelphia and the Department of Pathology and Laboratory Medicine at the Perelman School of Medicine at the University of Pennsylvania seek candidates for an Assistant Professor position in the non-tenure academic clinician track. Expertise is required in the specific area of Clinical Chemistry.