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Experts: University of Kentucky's sexual assault policy may be illegal
Submitted by Mastodon on Sun, 2018-07-15 20:03
Article here. Excerpt:
'Changes in how the University of Kentucky handles sexual assault allegations are in line with new Trump administration guidelines, but experts warn they may break the law by giving the accused more rights than the accuser.
The changes, which UK made last month, allow a person who is found to have committed sexual misconduct by a disciplinary panel to appeal the findings, but they do not give the same opportunity to the person who made the allegations.
"Any time you say one person gets one thing and the other person doesn't, I think we have to all agree that that is inequitable," said Colby Bruno, senior legal counsel for the nonprofit Victim Rights Law Center. "I think they're going to get sued by a victim."'
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Comments
Western legal tradition...
... gives the accused the right of appeal and protects the accused from double-jeopardy. So the idea of the accused getting an appeal and the accuser not is not inconsistent with that tradition. HOWEVER in the case of a college inquiry which isn't a legal tribunal but is indeed a semi-legal one (because the outcome can affect the rights of the accused to receive property he paid for, etc.), giving the accuser ONE appeal seems to me to be reasonable. After all, the inquiry may have for some reason been too quick to exonerate the accused perhaps for political reasons.