When Is Due Process Due?: The Impact of Title IX Sexual Assault Adjudication on the Rights of University Students

When Is Due Process Due?: The Impact of Title IX Sexual Assault Adjudication on the Rights of University Students

Article By: Rachael A. Goldman

47 PEPP. L. REV. 185 (2019)

As a part of the Educational Amendments of 1972, Title IX was created to address sex discrimination in sports programs receiving federal funding. However, its scope has ballooned tremendously over the years to include a variety of conduct occurring on college campuses. Currently, Title IX is the primary legislation governing sexual assault and harassment allegations stemming from universities.

This Note explores the use of Title IX in universities and addresses the concerns that arise when a civil rights law becomes the primary mechanism for adjudicating allegations of criminal conduct. Specifically, this Note addresses the due process concerns that arise when accused students face allegations of sexual assault without the procedural protections traditionally afforded by the criminal justice system, such as a heightened standard of proof, impartial adjudicators, and the right to cross-examination. Ultimately, this Note offers solutions and suggestions for improving the adjudication systems on campuses in order to protect the rights of both victims and accused students.

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