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FIREResponds to White House Task Force鈥檚 First Report on Campus Sexual Assault
Three months after its creation, the White House Task Force to Protect FIREfrom Sexual Assault issued its (PDF) today. Titled 鈥淣ot Alone鈥 and accompanied by a new website, , the report announces new recommended practices for colleges and universities nationwide. Troublingly, the Task Force鈥檚 recommended practices and the accompanying documents fail to answer 果冻传媒app官方鈥檚 grave and continuing concerns about campus civil liberties and the reliability, impartiality, and fundamental fairness of campus judicial proceedings for students accused of sexual harassment and assault.
Among the documents released with the report are a template for 鈥,鈥 a sexual misconduct policy checklist, and a sample . The report is also accompanied by the issuance of a new regarding Title IX from the Department of Education鈥檚 Office for Civil Rights (OCR).
FIRE President Greg Lukianoff issued the following statement:
No one is happy with the way campuses currently deal with sexual harassment, sexual violence, and rape鈥攏ot , not the accused, not , not , not , not , not civil liberties advocates, and not the .
The White House Task Force has attempted to correct the status quo鈥檚 failures. Unfortunately, it has missed an opportunity for meaningful and positive reform, instead doubling down on a broken system. By continuing to empower campus judiciaries to adjudicate allegations of serious criminal activity, the Task Force鈥檚 recommendations may ultimately worsen the situation for both victims and the accused. As the Rape, Abuse & Incest National Network (RAINN), one of the nation鈥檚 preeminent anti-sexual assault organizations, stated in its to the Task Force, 鈥渦ntil we find a way to engage and partner with law enforcement, to bring these crimes out of the shadows of dorm rooms and administrators鈥 offices, and to treat them as the felonies that they are, we will not make the progress we hope.鈥
Perhaps most worryingly, the Task Force appears to be enthusiastic about essentially eliminating hearings altogether for students accused of assault and harassment. The Task Force is exploring a 鈥渟ingle investigator鈥 model, where a sole administrator would be empowered to serve as detective, judge and jury, affording the accused no chance to challenge his or her accuser鈥檚 testimony. Tellingly, the Task Force expresses only the most meager sense of the rights necessary to secure fundamentally fair hearings, noting that it believes the single investigator model would still 鈥渟afeguard[] an alleged perpetrator鈥檚 right to notice and to be heard.鈥
Keep in mind that in recent years, federal agencies have already ordered a breathtaking expansion of the definition of sexual harassment that cannot be squared with Supreme Court precedent. The Department of Education鈥檚 Office for Civil Rights has also mandated the use of our nation鈥檚 lowest standard of evidence in adjudicating campus allegations of sexual harassment and assault. Compounding these troubling developments, the Task Force recommends trainings that seem more likely to prejudice investigations than to deliver an impartial hearing.
In a written comment submitted in February, FIREcalled upon the Task Force to correct OCR鈥檚 insufficient concern for the rights of accused students and fundamental fairness. Unfortunately, it has failed to do so.
Sexual assault is one of the worst crimes a person can commit. Those found guilty of it should be punished to the fullest extent allowed by law. But precisely because sexual assault is such a serious crime, providing those accused of it with due process鈥攁 term that appears nowhere in the entire report鈥攂ecomes even more important. Due process is more than a system for protecting the rights of the accused; it鈥檚 a set of procedures intended to ensure that findings of guilt or innocence are accurate, fair, and reliable.
FIRE is under no illusion that there is a simple solution to the problem of sexual assault on campus. But by lowering the bar for finding guilt, expanding the definition of harassment beyond recognition, eliminating precious due process protections, and entrusting unqualified campus employees to safeguard the vitally important interests of all involved, we are creating a system that is impossible for colleges to fairly administer, and one that will be even less fair, reliable, and accurate than before.
FIRE will have much more on the Task Force鈥檚 recommendations in the coming days.
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