Of course, UC is a public institution. But the
case illustrates judicial expectations. If university processes don't seem like
the kinds of procedures to which judges are accustomed, they are likely to find
fault with those processes.
Constitutional Due Process in Title IX Cases at
Private Institutions?
In a ruling that could have national implications
for campus sexual assault proceedings, a federal judge has suggested that a
private institution in an alleged rape case may not have followed due process
standards -- a constitutional concept that generally applies only to public
universities.
This is a significant development, commentators
and legal observers say. This is the first time a judge, in a case involving a
private college, directly linked due process to Title IX of the Education
Amendments of 1972, the federal law that bars sex discrimination, including
sexual violence, at educational institutions. (Students have also sued when
they feel a private institution has violated its own sexual assault policies.)
The actual text of Title IX, which is only a
sentence, makes no mention of due process.
"If applied more broadly, this would
represent a fundamental shift in the safeguards that private schools owe to
accused students to more closely align with those required of public
schools," said S. Daniel Carter, president of Safety Advisors for
Educational Campuses, which consults with colleges and universities on Title
IX...
Full story at https://www.insidehighered.com/news/2019/06/25/rhodes-college-ruling-opens-door-due-process-private-universities
One thing that judges are not used to in their world of due process is having investigation, prosecution, and judge all wrapped up in the same entity. It might be worth considering a separation.
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