ACTUAL FACTS ABOUT CAMPUS DUE PROCESS: Amidst alarmism over the proposed changes to Title IX regulations that would finally bring some basic due process protections to those tried in campus courts, FIRE’s new due process report exposes what became of campus “justice” under the previous “guidance” regime. Of the nation’s top 53 national universities:
- 3 in 4 don’t bother to guarantee the presumption of innocence
- 9 in 10 do not guarantee meaningful cross-examination in cases of alleged sexual misconduct
- Only 1 out of 53 allows students to have an attorney participate without significant limitations
While there’s lots more to be upset about, I think the failure to explicitly guarantee that the accused are to be presumed innocent until proven guilty is the real “tell” about what schools are doing. There’s just no way an American with even a “watched Law & Order one time” level of awareness leaves that out by accident.