1 / 9

Compliance and the Constitution in Conflict: Title IX, Due Process and the First Amendment

Compliance and the Constitution in Conflict: Title IX, Due Process and the First Amendment. Professor Peter Lake Charles A. Dana Chair, Director of the Center for Excellence in Higher Education Law & Policy, Stetson Univ. College of Law 2014 Campus Safety and Violence Prevention Forum.

miracle
Télécharger la présentation

Compliance and the Constitution in Conflict: Title IX, Due Process and the First Amendment

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Compliance and the Constitution in Conflict: Title IX, Due Process and the First Amendment Professor Peter Lake Charles A. Dana Chair, Director of the Center for Excellence in Higher Education Law & Policy, Stetson Univ. College of Law 2014 Campus Safety and Violence Prevention Forum

  2. Due Process Challenges • Compliance with 4/4/11 Dear Colleague Letter (DCL), et seq. (Montana and Yale Resolutions, SaVE Act) • Rectifying Regulatory Mandates with: • Supreme Court Interpretation of Title IX • Due Process • State Contract Rights Requirements • State Administrative Procedure Acts (APA) • Heading for Process Battles in the Courts

  3. Challenges of Complying with Regulatory Mandates: Creating College Sexual Assault “Courts” • Impartiality  Tenure? • Lawyers • Appeals • Standard of Proof • Title IX standard in court? • A change for some IHE’s. • “New” mandate? • Enhanced Enforcement by Depts. of Ed. and Justice • Expectation of More Enforcement by Colleges • Evidentiary Issues • “Consent” • Withdrawals in Advance of Adjudication • False Accusations • “Jurisdiction” • On/off campus • Responsibilities under Title IX, but no grant of jurisdiction per se

  4. The U.S. Supreme Court on Title IX Private Enforcement • Gebser v. Lago Vista Independent School Dist., 524 U.S. 274 (1998). • Davis v. Monroe County Bd. of Ed., 526 U.S. 629 (1999).

  5. College “Courts” and Due Process • Will the U.S. Supreme Court finally provide college due process mandate? • Brief history and myths of college due process: • Dixon v. Alabama, 294 F. 2d 150 (5th Cir. 1961). • Goss v. Lopez, 419 U.S. 565 (1975). • Bd. of Curators of Univ. of Missouri v. Horowitz, 435 U.S. 78 (1978). • Regents of Univ. of Michigan v. Ewing, 474 U.S. 214 (1985). • Kent State and Codes • Protected interests of life, liberty, property • Liberty = Reputation • Sexual assault :: reputational injury • State Action

  6. College “Courts” and Due Process (cont’d) • Mathews v. Eldridge • Substantive/Procedural Due Process • The Title IX college court model does not provide criminal due process protections: • Evidence • Jury • Confrontation • Discovery • Burden of Proof • Right to Counsel • Impartial judiciary • Investigations

  7. College “Courts” and Contract Rights • Handbooks/Codes • “Substantial Fairness” • McCormick et al. v. Brown University et al. • Brown Univ. asked to supply donor records • John Doe v. Sewanee: The University of the South • Jury awarded $26,500 to student. Sewanee found negligent in handling of disciplinary hearing and investigative process. • Honor Systems • Centralized Command

  8. College “Courts” and State Administrative Procedure Acts (APAs) • Some states require compliance with state APA • Potentially inconsistent mandates • Federal supremacy? • Consult counsel

  9. Thank You! Join me for a further discussion: We Can Do Title IX Compliance Better Than You!

More Related