When a Student Confides a Rape, Should a Professor Have to Report It?

[branford]

85. A student hasn't "committed a felony" until they're actually convicted of a felony.

There is no presumption of guilt (or liability) in either the criminal or civil justice systems. Moreover, even in the civil justice system, you are entitled to an attorney, have access to all evidence, can cross-examine witnesses, have an impartial judge and jury, etc. The Dept. of Education regulations provide far fewer overall protections than either a civil or criminal trial, and was basically designed to ensure a finding of guilt. The background to the regulations were that guilty verdicts were difficult to achieve in rape cases, so they simply wanted to rig (or displace) the current system. Are there any other crimes where the Constitution shouldn't apply in order to achieve a desired result?

No one is suggesting that a school not engage in an internal investigation. However, minimal safeguards and protections must be maintained and guilt certainly cannot be presumed. In state institutions full criminal protections might be required.

Schools that have followed the regulations are now engaged in a series of lawsuits. Schools cannot, in essence, convict someone of rape and end their academic association, with little more than an accusation while preventing a thorough and fair defense. University administrators are simply not trained or equipped to investigate and prosecute felonies, nor do they have a legal mandate to do so. As the number of lawsuits grow and liability risks increase, no less when some allegations are actually proven untrue, the schools will quickly realize that becoming a substitute court for sexual assault is a no win proposition.

If an adult student claims to be the victim of sexual assault, a university should recommend that the student speak with the police or district attorney. If the school has reason to believe that the alleged perpetrator presents an ongoing danger, they need to prove the danger clearly exists before taking action that damages the student. A student (or anyone else) should never have to prove their innocence, either de jure or de facto, and mere accusations are rarely sufficient even under a civil preponderance of the evidence standard.

http://chronicle.com/article/College-Lawyers-Confront-a/147349/

http://articles.philly.com/2014-07-21/news/51786324_1_sexual-misconduct-balancing-act-court-filings

http://www.mindingthecampus.com/2014/08/four-straight-legal-victories-for-due-process/

http://www.mindingthecampus.com/2014/02/why_have_a_hearing_just_expel_/

http://www.mindingthecampus.com/2014/03/a_first-accused_of_rape_xavie/

http://www.mindingthecampus.com/2014/09/depauw-punishment-halted-in-sex-case/