University Adjudications of Sexual Assaults: A Lesson To Be Learned from Collective Bargaining Agreements

摘要

At one time, Title IX of the federal Higher Education Act was read only as requiring equal opportunity for female athletes in universities’ varsity sports programs. In 2011 the U.S. Department of Education announced a radically expanded reading of the law to include sexual misconduct. This has resulted in a proliferation of litigation against the universities. Since 2011, more than 150 lawsuits have been filed against colleges and universities involving claims of due-process violations during the course of Title IX investigations and proceedings related to sexual assault allegations. In the two decades preceding that year, only 15 such lawsuits were filed against universities.