Monk-Eye
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- Feb 3, 2018
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" Should University Tribunals Be Able To Expel Students Accused Of Assault Without A Civil Trial Or Criminal Conviction ? "
Any recently exposed to employment applications may recall questions about criminal background , even including whether one had been charged , even though the charges may have been dropped , and any recently exposed to an employment environment understands that employees are being scrutinized for safety and security .
It is well understood that to be eligible for certain government contracts , or funding , " private " institutions are required to implement governance policies compliant with proscriptions or prescription designated by government .
Suppose a student files a complaint about sexual assault with the campus security of a university , however the student claiming to have been assaulted does not wish to pursue criminal charges with the public police department .
Assuming a university maintains a policy of privately investigating any credible claim of assault , if such a university accepts federal funding , should it continue to be possible for university tribunals to make decisions about expulsion of an accused , or must some other legal recourse be required by a university due to title ix ?
* Federalist Society : Do Title IX Proceedings Count as Legal Processes, or Don’t They? *
This post was originally published at the James G. Martin Center for Academic Renewal.
..
The Obama administration’s efforts to use Title IX to pressure universities to crack down on campus sexual assault transformed higher-education law.
..
But the core issue remains whether campus procedures that “have been compared unfavorably to those of the infamous English Star Chamber” have sufficient procedural integrity to be reliable.
..
During June, this debate manifested itself in a highly unusual way—with campus accusers claiming that their schools’ Title IX procedures had sufficient reliability to allow accusers to seek protection from the courts. This question matters because colleges have long gotten around basic rights-of-the-accused norms by arguing that campus tribunals are not the equivalent of trials. If such tribunals are formal legal processes, then accused students must be given rights. If they aren’t, then certain abuse-of-process and witness-immunity questions cannot go accusers’ way.
en.wikipedia.org
The following is the opening of the text of Title IX, which is followed by several exceptions and clarifications:[5]
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
— Cornell Law School's Legal Information Institute (20 U.S. Code § 1681 – (men and women) Sex)
Any recently exposed to employment applications may recall questions about criminal background , even including whether one had been charged , even though the charges may have been dropped , and any recently exposed to an employment environment understands that employees are being scrutinized for safety and security .
It is well understood that to be eligible for certain government contracts , or funding , " private " institutions are required to implement governance policies compliant with proscriptions or prescription designated by government .
Suppose a student files a complaint about sexual assault with the campus security of a university , however the student claiming to have been assaulted does not wish to pursue criminal charges with the public police department .
Assuming a university maintains a policy of privately investigating any credible claim of assault , if such a university accepts federal funding , should it continue to be possible for university tribunals to make decisions about expulsion of an accused , or must some other legal recourse be required by a university due to title ix ?
* Federalist Society : Do Title IX Proceedings Count as Legal Processes, or Don’t They? *
This post was originally published at the James G. Martin Center for Academic Renewal.
..
The Obama administration’s efforts to use Title IX to pressure universities to crack down on campus sexual assault transformed higher-education law.
..
But the core issue remains whether campus procedures that “have been compared unfavorably to those of the infamous English Star Chamber” have sufficient procedural integrity to be reliable.
..
During June, this debate manifested itself in a highly unusual way—with campus accusers claiming that their schools’ Title IX procedures had sufficient reliability to allow accusers to seek protection from the courts. This question matters because colleges have long gotten around basic rights-of-the-accused norms by arguing that campus tribunals are not the equivalent of trials. If such tribunals are formal legal processes, then accused students must be given rights. If they aren’t, then certain abuse-of-process and witness-immunity questions cannot go accusers’ way.
Title IX - Wikipedia
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
— Cornell Law School's Legal Information Institute (20 U.S. Code § 1681 – (men and women) Sex)
