A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses

44 Pages Posted: 8 Aug 2012 Last revised: 15 May 2013

Stephen Henrick

Independent

Date Written: April 18, 2013

Abstract

Under Title IX, colleges and universities must resolve claims of rape and sexual assault between students. My article examines Title IX’s administrative and civil enforcement mechanisms to determine what incentives the statute creates for educators dealing with these issues. Unfortunately, I conclude that innocent accused students are unduly prone to false convictions in campus sexual assault adjudications. The only way to fix the problem is to leave claims of sexual violence to the civil and criminal justice systems.

Keywords: Title IX, sexual harassment, Department of Education, Office for Civil Rights, OCR, Dear Colleague letter, due process, discipline, rape, sexual assault, Russlynn Ali, Brett Sokolow

Suggested Citation

Henrick, Stephen, A Hostile Environment for Student Defendants: Title IX and Sexual Assault on College Campuses (April 18, 2013). Northern Kentucky Law Review, 2013. Available at SSRN: https://ssrn.com/abstract=2126340

Stephen Henrick (Contact Author)

Independent ( email )

No Address Available

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