SEXUAL ASSAULT ON COLLEGE CAMPUSES: SEEKING THE APPROPRIATE BALANCE BETWEEN DUE PROCESS AND VICTIM PROTECTION

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Miranda Guardiola

This article is pretty self explanatory. As it states in the title, Matthew R. Triplett, seeks to find a balance between protecting the sexual assault victim and the judicial procedures surrounding cases against the accused. He argues that the Dear Colleague Letter, a letter written by the USS Department of Education’s Office for Civil Rights, has an unintentional effect that actually muddies the distinction between victim protection and due process for those who are accused. The author believes that the Dear Colleague Letter actually complicates rather than clarifies procedures to work towards resolving sexual assault cases on college campus. In fact, he believes that the DCL “exposes a potential liability trap for educational institutions.”

The author points out that the statutes in this letter and the Title IX law are difficult for for education institutions to implement. Furthermore, he claims that the Department of Education should revisit the current legislation and submit a new protocol (and everything that entails) that allows me feasibility for all involved, including institutions, victim survivors, and the students who are accused. As of right now, there is little certainty, and much grey area that all of the parties involved are not confident of their rights during this process.