DISCIPLINING FAIRNESS: THE ROLE OF PUBLIC PERCEPTION IN DISCIPLINING CAMPUS SEXUAL ASSAULT

This Note addresses the influence of media coverage and politicization of institutional responses on Title IX disciplinary proceedings for allegations of sexual assault or misconduct. The Note posits that public misperception and divisive rhetoric motivated the withdrawal of the 2011 Dear Colleague Letter on Sexual Violence, resulting in unfair procedures and increased barriers for victims of sexual assault. The rules proposed by the Department of Education (DOE) attempt to turn school disciplinary proceedings into criminal trials, permitting higher standards of proof, cross-examinations, and deferments to police and outside investigations. In attempting to afford greater safeguards for the accused, this Note argues that the Administration has overcorrected and overlooked the fundamental purpose of Title IX-to "protect students from sex discrimination and protect equal educational opportunities." These protections are to apply equally to all; by codifying standards favorable to the accused, the scales are further tipped against alleged victims as they seek to report and repair after a traumatic incident that poses a threat to their well-being and educational opportunity Maintaining equity in institutional disciplinary proceedings does not violate due process-rather, it mitigates the risk that students will be deprived of an education in a safe and hostility-free environment.