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7 - Due Process at Last!

Published online by Cambridge University Press:  23 June 2022

Tamara Rice Lave
Tamara Rice Lave
Affiliation:
University of Miami
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Summary

Chapter 7 conducts part two of the deeper dive into the new regulations, but here the focus is on the changes made to the investigation and adjudication of sexual assault. The chapter explains the ways in which the new procedures differ from those under the 2011 Dear Colleague Letter, and how they better protect complainants and the accused. In considering the fairness of the new procedures, the chapter compares them to the consensus recommendations of the 2017 ABA Criminal Justice Section Task Force on Campus Due Process and Victim Protection. Along the way, suggestions are offered for how schools can implement the new regulations in a way that is compliant with those regulations but better protects the rights of victims and the accused.

Keywords

ABA Criminal Justice Section Task Force on Campus Due Process and Victim ProtectionGovernor Jerry Browndecisionmakerspresumption of non-responsibilitypreponderance of the evidenceclear and convincing evidencewritten noticedismissaladvisordirect questioninginspection of evidenceinvestigation reportrelevant evidencesexual historypanel size and diversitycross-examinationwitness and party statementswritten determinationappealrestorative justiceretaliation
Type
Chapter
Information
Sexual Assault on Campus
Defending Due Process
 , pp. 174 - 207
Publisher: Cambridge University Press
Print publication year: 2022

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