Writing for Minding the Campus today, Brooklyn College professor KC Johnson explains why those concerned about due process on campus should be concerned about an Emerson College student’s recent Title IX complaint against the school.
Johnson argues that Emerson (along with other colleges) is being pressured to make procedures further tilted against students accused of sexual misconduct when those procedures already deprive accused students of a fair hearing through low standards and a lack of procedural safeguards. For example, in order to find a student responsible for sexual misconduct, Emerson requires only that three of five panel members believe it’s more likely than not that the accused student committed the alleged violation. Johnson writes:
[I]t’s hard to imagine precisely how Emerson’s procedures could be reconfigured to make them more likely to produce a culpable finding. Does [the accusing student] believe, for instance, that conviction should result as long as two of the five members of the college disciplinary panel believe that it’s more likely than not the accuser is telling the truth? As long as one of the five do so?
Read the rest of Johnson’s article in Minding the Campus.