coase
July 24, 2014, 12:27pm
39
<p>
I’m obviously missing a lot, but why do colleges create a shadow judicial and reporting system that potentially encourages the wrong behaviors by he administration through published metrics? Sexual assault is a crime, and the punishments for perpetrators, those falsely accusing perpetrators, and institutions that allow or cover up allegations / activities should be settled in the courts.
The answer is that the schools are required to do it. Here are some snippets from a 2014 Education Department document:
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<p>
If an investigation reveals that sexual violence created a hostile environment, your school must take
prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile
environment, prevent its recurrence, and, as appropriate, remedy its effects.</p>
<p>Appropriate remedies will generally include disciplinary action against the perpetrator, but may also
include remedies to help you get your education back on track (like academic support, retaking a class
without penalty, and counseling). These remedies are in addition to any interim measures you received.
<a href=“http://www2.ed.gov/about/offices/list/ocr/docs/know-rights-201404-title-ix.pdf ”>http://www2.ed.gov/about/offices/list/ocr/docs/know-rights-201404-title-ix.pdf</a></p> ;
<p>A college must investigate even if a parallel criminal investigation is underway. And if it finds that a hostile environment has been created, it must take steps to remedy the situation. </p>
<p>The poster above claimed that the use of a particular standard explained the drop in applications. My response remains that the same standard is used by all of its peers, so the standard itself cannot be the explanation. The 2011 “Dear Colleague” letter says that:
in order for a school’s grievance procedures to be consistent with Title IX standards, the school must use a preponderance of the evidence standard (i.e., it is more likely than not that sexual harassment or violence occurred).
<a href=“Dear Colleague Letter from Assistant Secretary for Civil Rights Russlynn Ali.-- Pg 11 ”>http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104_pg11.html</a></p> ;