Colleges are not the place to try rape cases

Article here. Yes, right there in the WaPo. Pinch yourself, it's not a dream. Excerpt:

'Criticism of colleges’ responses to allegations of sexual assault has poured in from every direction. Victims’ rights advocates argue that college administrators are politically motivated to sweep accusations under the carpet. Civil libertarians and law professors cite the lack of meaningful procedural safeguards for the accused. College administrators quietly express frustration that they are being forced to decide these cases when they are ill-equipped to do so.

Many have asked why universities are handling sexual assault — a felony — at all. The simple answer is that courts and federal agencies have interpreted Title IX to require universities to respond to known instances of sexual discrimination in a manner that is reasonably calculated to redress the discrimination and prevent its recurrence. (Sexual violence is considered an extreme form of sex discrimination.) But how exactly colleges should respond remains unsettled.

... In a recent column in Politico, Yale Law School students Elizabeth Deutsch and Alexandra Brodsky argue that Title IX is concerned with equal access to educational opportunities, whereas the criminal justice system “does not and cannot respond to these equality concerns.” Therefore, the students conclude, relying on law enforcement to provide the sole solution is inadequate, and providing meaningful due process in campus hearings is unnecessary. Sen. Claire McCaskill (D-Mo.) articulated a similar point during a recent hearing.
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Victims’ rights advocates must accept that the criminal justice system is better suited for the adjudication of sexual assault cases. Law enforcement has tools to conduct thorough investigations that colleges lack, and courts have the procedural competency and evidentiary expertise to achieve a fair and just result. Further, only courts have the power to hand down the proper punishment when a guilty finding is secured. (We are, after all, talking about rape.) And, importantly, only courts can put serial predators in a place where they cannot prey on others, whether enrolled in college or not.

If the criminal justice system has too often failed victims of sexual assault, then it should be reformed to ensure that allegations are promptly and effectively pursued. Demanding that universities play a role they have proven incapable of fulfilling — and which, even if executed perfectly, leaves predators on the streets and ignores the plight of young people who aren’t enrolled in college — is doomed to failure. The solution is to assign universities and law enforcement professionals complementary, rather than overlapping, responsibilities.'