Should schools punish in sex cases when there's no accuser?

Article here. Excerpt:

'The expulsion of two college athletes on sexual misconduct grounds highlights a little-known facet of the latitude schools are given when investigating such cases: They can mete out punishment even in the absence of a complaint from the alleged victim.

Former Yale University basketball captain Jack Montague and former Colorado State-Pueblo football player and wrestler Grant Neal both filed federal lawsuits this year over their expulsions, alleging their schools mishandled information that originated with someone other than the alleged victim.

"There is no real complainant," said attorney Andrew Miltenberg, who represents Neal and has been the lawyer for about 100 men accused of sexual assaults on campuses. "There is no victim making the charge. There is the school acting on some sort of hearsay or information."
...
Beth Hamilton, the director of prevention and programs at the Connecticut Alliance to End Sexual Violence, defends the "preponderance" standard as appropriate in a college setting.

Schools don't have the forensic tools and other resources necessary to conduct a police-style investigation of every report and can't force people to testify, she said.

Discipline from a school is often appropriate, she said, whether the conduct rises to the level of a crime or not.

"The worst that a university can do is expel a student from their institution," she said. "The criminal justice process should have a higher standard, because the worst thing that can happen is you can incarcerate somebody."

But Johnson points out that being expelled could cost Montague millions of dollars over the course of his life, prevent him from getting a job and leave him labeled for life as a rapist.'