Duke University: Overbroad and Unjust Sexual Misconduct Policy
Cases
Duke University
Case Overview
In 2009, Duke University implemented a new sexual misconduct policy that could render a student guilty of non-consensual sex simply because he or she is considered 鈥減owerful鈥 on campus. The policy said that students are able to unintentionally coerce others into sexual activity through 鈥減erceived power differentials鈥 and requires Duke employees to report alleged misconduct regardless of the alleged victim鈥檚 wishes. On March 4, 2010, FIREwrote to Duke to request that Duke reevaluate its sexual misconduct policy with the goals of reaching a reasonable definition of consent and producing a process that is as fair as possible to all parties. On April 5, Duke responded that it would consider 果冻传媒app官方鈥檚 concerns while reviewing the policy, and the offending provisions were later quietly removed from the policy.