ABA task force recommends due process protections in campus sexual assault investigations

Article here. Excerpt:

'Both the accused and the accuser should have due process protections when colleges and universities resolve allegations of campus misconduct, according to a report by an ABA task force.

Both parties should receive written notice before a formal investigation begins, both parties should be allowed to participate in an investigation, both parties should be allowed to review a school’s initial investigative report and to respond to the final report, and both parties should have a right to appeal, according to the report (PDF) by the ABA Criminal Justice Section’s Task Force on College Due Process Rights and Victim Protection.

The task force report endorses an adjudicatory model, rather than an investigatory model, to determine whether school policy is violated. In an adjudicatory model, a decision-maker who is not the investigator hears evidence during a hearing and makes a determination. In the investigative model, a decision is based only on an investigatory report.'

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