This chapter fast-forwards to the days of the hearing. It offers an overview of the oral pleadings, the exchanges between the parties, and the interactions between the litigants and the bench. The analysis seeks to dispel the common misunderstanding that a hearing entails a free-flowing and spontaneous discussion. In fact, it often looks like a tightly choreographed play where agents, counsel, adjudicators, and court officials each follow their script. All participants embrace their role as actors and gleefully contribute to this staged performance. The theatrics of the hearing serve a twofold purpose. On the one hand, they enable the professionals involved to come together, tacitly acknowledge one another, and enhance their relative prestige. On the other hand, they help convey the symbolic force of international adjudication as the center-stage of peaceful governance.

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.

Captain Charles Mills was captured at Fromelles on the morning of 20 July 1916. At first light, German soldiers showered his position with grenades before rushing in from the flanks, firing their rifles from the hip. A German NCO stopped his men on the parapet, jumped into the waterlogged ditch and seized Mills by his wounded hand. ‘Why did you not put up your hands, officer?’ he asked. As the fighting came to an end, Mills and the surviving members of the 31st Battalion were escorted along a communication trench to a farmhouse the Germans called Neuhof. In the courtyard there, they joined three officers and 200 other ranks in what was evidently a collecting station for prisoners of war. A German medical officer took care of the walking wounded, and Mills had his hand cleaned and bandaged. What happened next altered German knowledge of British intentions in the Fromelles area.