Punishment On Campus Without Due Process

On Behalf of | Jul 15, 2016 | Criminal Defense |

The United States Education Department has issued new guidelines under Title IX that prohibits sex discrimination at educational institutions like Penn State . The schools can lose funding if they use the standard of clear and convincing evidence for investigating alleged sexual assaults. The new standard is a preponderance of the evidence which requires a lower degree of proof.

A school can be punished for failure to provide “effective interim safety measures”. These measures are placed on the accused student before there is a decision on guilt or innocence. The sanctions can include a provisional suspension, restraining orders, restrictions on library, dining hall, athletic facility use and exclusion from living on campus.

The Justice Department has also placed a “responsibility to investigate complaints of sexual harassment to determine whether a hostile environment exists that requires further action” even where the accuser is anonymous”.

For more details see the Wall Street Journal Review And Outlook Section from June 7, 2016.