When Campus Sexual Misconduct Policies Violate Due Process Rights

Abstract

Jamie and Alex, both equally intoxicated, have sex one night in Alex’s dorm room. After that evening, they exchange friendly text messages. A few months pass, and they stop talking when Alex begins to see someone new. Jamie files a formal claim with the university, alleging that the sex they had that night months ago was not consensual. The investigator, hired to handle just Title IX cases, believes Jamie’s version of the facts slightly more than Alex’s. That is, the investigator finds in favor of Jamie’s story by a preponderance of the evidence. And that university’s procedure does not provide for a real hearing before a neutral adjudicator. Alex is expelled.