Guidelines to curb campus sexual assaults raise concerns for accused

Story here. Excerpt:

'The White House on Tuesday announced detailed guidance for colleges on how to deal with sexual assaults, winning praise from advocates of victims and some higher education officials, but renewing concerns from others about protections for the rights of the accused.

Victims of sexual assault on campus and their advocates have become increasingly vocal in demanding tougher action, more protection and better reporting since the Obama administration first called attention to the issue in a 2011 letter putting administrations on notice that changes were necessary.

But college administrators and lawyers who advise them warn that the circumstances of such assaults are often murky, involving too much alcohol, uncertain recollection and no impartial witnesses. Some school officials are wary that the pendulum not swing so far that students accused of assaults are denied a fair hearing.
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College officials, under pressure from the federal government to respond more aggressively to reports of assaults, have worried that the intense focus on victims could impinge on the rights of the accused.

"The kinds of incidents that we see are not always clear-cut," said Ada Meloy, general counsel of the American Council on Education, a Washington group that represents colleges. "We must be helpful to the victim but also have to be fair to both the accuser and the accused."

Mark Hathaway, a Los Angeles attorney representing several students accused of sexual assault, said he remained concerned that those accused in campus cases are not given the rights to an attorney, to remain silent and to confront witnesses against them.

"Greater education about the problem is always useful and helpful to prevent sexual assault,” he said. “But at the same time, we cannot forget the rights constitutionally afforded each of us. You shouldn’t have to give up those rights just because you go to a college that receives federal funding."'