Getting It Right: Title IX's Role in Adjudicating Sexual Assault Claims
Belmont Criminal Law Journal, Vol. 1, pp. 92-105, 2018
15 Pages Posted: 6 Dec 2019 Last revised: 29 Jan 2020
Date Written: October 1, 2018
I want to start with a very important point: sexual assault is a crime. We have a serious issue in the United States with sexual assault and sexual harassment. We are seeing this play out right now, and I think the “Me Too” campaign has brought important attention to this issue. An issue that impacts not only our college residence halls, but, as we have seen, the halls of Congress. Serious people are not debating whether sexual assault and sexual harassment pose a societal problem. Rather, serious people are debating how to adequately address these issues without compromising fairness to all involved.
Let me also state: I am not a political actor. I am a constitutional law professor. I do not talk about the wisdom of legislation. I talk about whether Congress has the power to pass the laws that it passes. But, one of the things I find a little disconcerting in this area is Title IX, and its interpretation, appears to be a bit of a political football. When a Presidential administration changes, the policy interpretations seem to change. Such political evolutions should trouble all of us since this legislation is intended to ensure gender equity in education.
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