The dark side of Title IX sexual-assault investigations
Article here. Excerpt:
'As young adults settle in on college campuses around the country, they'll experience new freedom to make mistakes. While we hope for good choices based on parental example, the fact is that most people learn only from painful experience.
Some will have their first brush with alcohol or drugs. An unlucky few will mix the two and awaken next to someone else in a room full of regret. That's a horrible way to "win" the sexually-transmitted disease lottery or the pregnancy sweepstakes, but worse, it is also an invitation for Title IX of the Education Amendments of 1972 to levy permanent and devastating consequences to their future.
Under Title IX law, there is virtually no need to respect rules of evidence or constitutionally guaranteed rights to a speedy trial, a jury of one's peers, the ability to confront and question witnesses or the provision for a capable defense.
Hello, Title IX; goodbye, Sixth Amendment!
Every college is required to have a Title IX coordinator, and in cases of alleged sexual misconduct, the coordinator will assign an investigator to take statements from the accused, the accuser and any witnesses in order to make a determination based on the "preponderance of the evidence."
Your child and/or legal counsel are forbidden to cross-examine witnesses or the accuser.'
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