Citation

Harper S, Maskaly J, Kirkner A, Lorenz K. J. School Violence 2017; 16(3): 302-316.

Copyright

(Copyright © 2017, Informa - Taylor and Francis Group)

DOI

10.1080/15388220.2017.1318578

PMID

unavailable

Abstract

Title IX prohibits sex discrimination--including sexual assault--in higher education. The Department of Education Office for Civil Rights' 2011 "Dear Colleague Letter" outlines recommendations for campus sexual assault adjudication allowing a variety of procedures that fail to protect accused students' due process rights and victims' rights under Title IX. This article reviews two diminished due process rights in campus adjudication: cross-examination and the preponderance of the evidence standard. We use an organizational justice theoretical framework to show that limitations on due process rights reduce fair outcomes for both victims and the accused. We provide recommendations for a restorative justice approach to campus adjudication that operates within this theoretical framework to increase fair outcomes in adjudication, bolster perceptions of adjudicatory system legitimacy, and reduce campus sexual assault.

Language: en