Campus Sex Courts: Beyond A Reasonable Doubt
Abstract
Many experts mistakenly believe that proving culpability beyond a reasonable doubt is only necessary in criminal-court trials. However, the United States Supreme Court has ruled otherwise (as have many courts in many jurisdictions). There is no other determination made in our culture that has more grave social consequences on a person than an accusation of sexual misconduct. These severe consequences, impairment of liberty and property, as well as a lifelong stigma as a sex offender, compel high standards of due process, according to Supreme Court rulings, in making such a determination against accused persons. This article comments on the Department of Education’s proposed rulemaking on campus adjudications of Title IX proceedings, especially those pertaining to sexual misconduct or sexual harassment.
Keywords: males, men, sexual harassment, sexual misconduct, title ix