June 21, 2018 Articles

The Benefits of Using External Adjudicators for Campus Sexual Assault Proceedings

By Hon. Jane Greenspan

The U.S. Department of Education Office for Civil Rights (OCR) is about to release proposed rulemaking governing complaints of sexual misconduct under Title IX. While the Title IX regime has long afforded educational institutions discretion in handling many procedural aspects of sexual misconduct complaints, the OCR’s new rulemaking will almost certainly expand those choices, allowing, for example, institutions to elect the standard of proof governing a complaint. These new choices place even greater weight on an old choice under Title IX—whether to have internal resources such as professors and students adjudicate sexual misconduct complaints or to retain professional, external adjudicators

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