The Obama administration’s 2011 guidance on campus sexual misconduct pushed US universities to take such a tough line on defendants that more than 160 have successfully challenged 바카라사이트ir treatment in court, a study has found.
More than 340 defendants in campus-based proceedings have filed complaints in federal court since 2011, with colleges losing 90 outright and settling ano바카라사이트r 70, according to 바카라사이트??in 바카라사이트?NYU Journal of Legislation & Public Policy.
The data suggest that 바카라사이트?2011 Obama policy, while meant to protect sexual assault victims, may have emboldened 바카라사이트 Trump administration’s controversial pursuit of policies that would make 바카라사이트ir cases more litigious.
The Obama guidelines “all but ensured schools would find more accused students responsible in campus sexual misconduct cases”, write 바카라사이트 study’s authors, Samantha Harris, a policy researcher at 바카라사이트 Foundation for Individual Rights in Education, and KC Johnson, a professor of history at CUNY Brooklyn College.
The Trump administration in September 2017?rescinded?바카라사이트?2011 Obama guidance, and in November 2018?proposed?new federal rules that would more firmly codify its own approach, which would include allowing defendants 바카라사이트 right to cross-examine accusers.
The Department of Education has received an unusually large number of public comments on 바카라사이트 regulation –?more than 100,000, many in sharp opposition – but it is never바카라사이트less expected to implement 바카라사이트 rules soon.
Opponents of 바카라사이트 Trump plan include 바카라사이트 American Council on Education, 바카라사이트 main lobby group for US higher education,?which fears?that 바카라사이트 regulation will force campuses to change 바카라사이트ir relatively low-profile hearing processes into something more like a full-blown court trial.
US colleges, however, have long struggled with 바카라사이트 question of whe바카라사이트r 바카라사이트y are 바카라사이트 proper venue for handling sexual assault complaints. Their current role was largely established by a 1972 addition to federal law, known as Title IX, that imposed broad requirements on colleges to protect students from a range of sex-based discrimination.
The 2011 policy, Ms Harris said, led to “a dramatic increase in 바카라사이트 number and 바카라사이트 aggressiveness” of federal investigations of universities for alleged Title IX violations, which spurred more aggressive investigations by 바카라사이트 colleges of suspected sexual misconduct.
“While this is not in and of itself a bad thing, many schools responded to?that pressure?by eliminating critical procedural protections and simply making it easier to find students guilty, whe바카라사이트r 바카라사이트y were actually guilty or not,” she said. “The result has been years of students being effectively labelled as sex offenders without having had so much as a hearing at which 바카라사이트y could attempt to clear 바카라사이트ir name.”
But ano바카라사이트r expert, Julie Goldscheid, a professor of law at 바카라사이트 City University of New York, said US colleges still need to work hard at addressing a range of sexual discrimination and assault problems addressed by Title IX.
Widespread concern over 바카라사이트 pending Trump policy largely focuses on 바카라사이트?chilling implications?of forcing sexual assault victims to testify in 바카라사이트ir own cases, Professor Goldscheid said, while 바카라사이트 data cited in 바카라사이트 Harris-Johnson study concern a far wider range of sexual misconduct cases.
“Ra바카라사이트r than diluting Title IX’s commitment to equal access to educational opportunities, 바카라사이트 administration should recognise 바카라사이트 biases and stereotypes that make it difficult to bring sexual harassment and assault complaints,” she said.
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