Cornell Debates Rules for Sexual Assault Cases

Article here. Excerpt:

A temporary amendment to the Campus Code of Conduct that was approved in May is sparking a debate about how Cornell should treat students who are accused of sexually assaulting other students.

The amendment, which came in response to pressures from the federal government, lowered the required burden of proof in sexual assault cases, making it easier for accusers to win their cases. It also gave the accuser — who is formally referred to as the “complainant” — the same rights as the accused student to appeal the decision.

The ensuing debate has pitted victim advocates, who are concerned about protecting students who have been sexually assaulted, against those who worry that the changes may lead to the expulsion of innocent students.

The changes have raised questions about whether sexual assault accusations should be treated differently than accusations involving other offenses under the Code of Conduct, and whether the complainants and the accused should be given equal rights. More broadly, students and administrators have questioned whether the University should focus on protecting students from being wrongfully punished — with sanctions that can include expulsion — or protecting victims from becoming further hurt by a contentious judicial process.
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But one advocate for accused students argued that it is not fair to force the accused to defend themselves again.

Kyle Hogan grad, a law student who heads the Office of the Judicial Codes Counselor, said that allowing claimants to appeal could subject accused students to double jeopardy.'