Sexual Assault on Campus: Defending Due Process

Description

Fair adjudication of campus sexual assault is one of the most divisive issues facing the United States. Victims contend that schools aren't doing enough to protect them, and accused students complain that they are presumed guilty. Sexual Assault on Campus: Defending Due Process begins by critically assessing the extent of the problem, before explaining why the criminal justice system has been unable to respond adequately. The book discusses the Department of Education's attempts to force schools to take campus assault seriously and uses original data in assessing the fairness of adjudication in the wake of the 2011 'Dear Colleague Letter.' It also includes excerpts from interviews with complainants, accused students, and administrators, which offer readers a first-hand account of these proceedings. Finally, the book provides a critical, in-depth look at the Title IX regulations put in place by the Trump Administration, with detailed recommendations for how they can be improved.

Tamara Rice Lave is a Professor of Law at the University of Miami. She was the reporter for the ABA Criminal Justice Section Task Force on College Due Process Rights and Victim Protections. She has advised both sides in Title IX hearings. Lave is also a former public defender.

'Of all that has been written about Title IX and sexual misconduct, Tamara Lave's work is without question the most thorough, most thoughtful, and most balanced. We should all read it and follow her advice.' R. Shep Melnick, Tip O'Neill Professor of American Politics, Boston College, and author of The Transformation of Title IX 'In this maelstrom of legal and political controversy over campus sexual assault and Title IX, Tamara Lave has written the book the nation needs. With impressive empirical rigor, razor-sharp analysis of the mechanics of regulation, statute, and case law, and with a compassionate understanding of the interests of parties to these cases, she guides us toward a Title IX that achieves the balance of safety and fairness that so far has eluded us.' Robert Weisberg, Edwin E. Huddleson, Jr. Professor of Law, and Director, Stanford Criminal Justice Center, Stanford University 'Professor Lave provides a sweeping, eye-opening account of how campus sexual assault has been under-studied and over-politicized. Packed with detailed research and shaped by Lave's front-line experiences as a legal practitioner and reformer, this book offers sharp critiques and practical guidance for public officials, school administrators, and advocates seeking a path to justice in this fraught terrain.' Mary Anne Franks, Professor of Law, and Michael R. Klein Distinguished Scholar Chair, University of Miami School of Law; President and Legislative & Tech Policy Director, Cyber Civil Rights Initiative 'In Sexual Assault on Campus, Professor Lave sets forth a crucial and timely analysis of the controversial legal regime governing sexual assault on college campuses. The book is essential reading for students, lawyers, activists, and others interested in striking a fair balance between accused students' rights and justice for survivors.' Aya Gruber, Ira C. Rothgerber Professor of Constitutional Law and Criminal Justice, University of Colorado Law School