Colleges generally refer to their Title IX disciplinary proceedings as an “educational process.” Sadly, there is nothing educational for the students involved. Colleges use the term because it provides a safe harbor from judicial interference. Such deference is deserved when colleges are determining if degree requirements have been met or interpreting a cheating policy, realms […]
January 31, 2020
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Some questions about Title IX enforcement on college campuses are tricky or, at least, require some thought. Should accused students get the same rights as accused faculty and staff? (Yes.) Should every school in the country have the same Title IX rules as every other? (No.) But other questions are no-brainers. Here’s one: Should the […]
December 20, 2019
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Title IX cases can be challenging to defend. They are, almost without exception, he said/she said cases that take place entirely behind closed doors. Usually, the two students involved have been drinking, and sometimes their memories of what happened when they were alone in a room can be a little fuzzy. That is why hard […]
October 9, 2019
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As I discussed in June, there’s no good reason for a school to give less protection to students accused of sexual misconduct than to faculty. Everyone at a school should get the same rights. That’s easy. But what about among schools—should Title IX look the same everywhere? That’s easy, too—absolutely not. There’s incredible diversity among […]
September 23, 2019
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