K.C. JOHNSON ON AMHERST: Campus sexual assault policies are unfair to the accused. This case shows how.
Education Secretary Betsy DeVos ignited a firestorm in recent months after signaling that she might pull back Obama administration policies intended to protect victims of sexual assault at college campuses. But amid the intense criticism directed toward DeVos, one lawsuit out of Amherst College demonstrates just how unfairly the Obama policies can operate for students wrongly accused of sexual misconduct.
On a factual basis, the Amherst case — settled out of court this month between the university and an expelled student accused of sexual assault — is one of the most egregious since the Obama administration implemented its policy in 2011. The lawsuit revealed documents that the public almost never gets to see, such as the full investigative file, the transcript of the disciplinary hearing and other material from the campus process.
As a result, this case is perhaps the most comprehensive documentation of any single campus sexual assault adjudication in recent years.
I’m pleasantly surprised that the Washington Post ran it.