Tuesday, September 5, 2017

Recent Scholarship on Title IX and Campus Sexual Assault Procedures

Two articles posted to ssrn.com examine the recent criticism of Title IX procedures for the accused in campus sexual assault investigations. Details are below.

Erin Buzuvis (Western New England), Title IX and Procedural Fairness: Why Disciplined-Student Litigation Does Not Undermine the Role of Title IX in Campus Sexual Assault, 78 Montana L.R. 71 (2017)

Excerpt from Prof. Buzuvis's abstract: This Article examines the recent spate of disciplined-student cases in an effort to harmonize Title IX compliance with the procedural rights of students accused of sexual assault. The Article argues that neither the fact of litigation by disciplined students nor the examples of their occasional success undermines Title IX and its application to sexual assault. Such litigation is not evidence of a problem with Title IX or a reason to withdraw universities’ responsibility to engage a prompt and equitable response to sexual assault.

Alexandra Brodsky (Yale), A Rising Tide: Learning About Fair Disciplinary Process from Title IX, J. Legal Ed. (2017)

Adapted from the author's abstract: College campuses are a site of intractable clash between advocates fighting gender violence and proponents of students’ due process rights – or so the popular press, legal journals, and some recent law suits claim. In fact, these two camps share much, including common ideological commitments to education access, investment in school discipline systems’ actual and perceived legitimacy, and benefit under a rapidly developing legal regime. Despite assumptions to the contrary, federal school sexual assault law provides accused students with procedural rights unavailable elsewhere in federal law for students accused of any other form of misconduct. One might think, then, that advocates for student due process would celebrate the expanded procedural rights available in gender violence disciplinary hearings. Despite these commonalities, critics and advocates maintain a narrative of warring factions, explained in large part by rape exceptionalism and the dominance of criminal law in the public imagination regarding responses to rape and other sexualized harms. This Article maps out the two movements’ overlooked common ground in order to demonstrate the great loss to students that results from the warring factions narrative.

http://lawprofessors.typepad.com/education_law/2017/09/recent-scholarship-on-title-ix-and-campus-sexual-assault-procedures.html

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