Enhancing Title IX Due Process Standards in Campus Sexual Assault Adjudication: Considering the Roles of Distributive, Procedural, and Restorative Justice. (3rd July 2017)

• Record Type: Journal Article
• Authors: Harper, Shannon; Maskaly, Jon; Kirkner, Anne; Lorenz, Katherine
• Is Part Of: Journal of school violence. Volume 16:Number 3(2017)
• Page Start: 302
• Page End: 316
• Publication Date: 2017-07-03
• Subjects: Distributive justice -- due process -- organizational justice -- procedural justice -- rape -- restorative justice -- sexual assault -- title IX -- victim rights; School violence -- Prevention -- Periodicals; School environment -- Periodicals; 371.78205
• DOI: 10.1080/15388220.2017.1318578
• Languages: English
• ISSNs: 1538-8220

Abstract

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.