New sexual misconduct requirements at the state level and beyond
Article here. Excerpt:
'Considering campus sexual assault disciplinary issues, courts and legislators are beginning to emphasize due process requirements, including fairness protections for those accused that conceivably contradict protections aimed at preventing sexual violence. In addition to pending federal legislation on campus sexual misconduct, including sexual assault, 29 states have introduced or passed their own bills on the topic; virtually all of this legislation includes some nod to fairness as well as prevention provisions, such as the “yes means yes” laws passed in California and New York. Balancing those due process and complainant protections requires careful navigation of legal requirements.
Three recent cases emphasize potential challenges, with favorable outcomes for student-respondents in California, Tennessee and Virginia.'
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