Title IX Investigations in Need of Reform

Article here. Excerpt:

'How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest all campus Title IX investigations should be delegated to local police and prosecutors. That approach is not consistent with Title IX, but support for it suggests concerns with the current tools for addressing on-campus sexual violence.

The criminal justice system gives both victims and defendants lots of information about what is going to happen, when and why, what will be required of them and what protections will be afforded to them. Local police and prosecutors are bound by centuries of common law, codified in a relatively simple format, and must act in very consistent and predictable ways. Attempts to graft portions of criminal law into a campus Title IX jurisprudence come from a desire that all parties have access to a fair, predictable and open system. Although a wholesale grafting of criminal law and procedure into Title IX proceedings is inappropriate given the very serious differences in context, all students deserve reliable procedures consistent with due process.'

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