DeVos [issued] new rules explicitly outlining the right of the accused person to be presumed innocent at the beginning of the complaint process, to be fully informed about the complaint and to have any exculpatory evidence taken into account. The accused student’s activities could not be curtailed unless there was some sign that his or her presence would be legitimately problematic for the accuser. The accused had a right to cross-examination through a third party, and the investigator could not also serve as the “judge.” ...
Full editorial at https://www.latimes.com/opinion/story/2021-03-22/editorial-campus-sex-assault-rules-need-a-tweaking-not-an-overhaul
As we have noted in past posts, UC routines provides due process as described above in its union contracts through grievance and arbitration processes for employees. The process the LA Times outlines leaves some important unresolved issues, notably the question of the identity of the judge. In labor arbitration, the arbitrator is selected by both sides and is an outsider whose fees are split between the employer (UC) and the relevant union. Some mechanism needs to be created to produce a selection process for the "judge" that nominates a candidate not beholden to either party.
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