Should Guilt and Innocence Matter On Campus?

June 16, 2014

By Spencer Case at National Review Online

The analogy between civil courts and university disciplinary action, often invoked by supporters, is questionable. It is uniquely damaging to carry the stigma of being declared a rapist. Institutions of higher education should not be able to punish a student as a sexual pariah on the basis of a mere 55 percent confidence in that student’s guilt. Moreover, as a February 13 FIRE statement criticizing an earlier draft of SB 967 noted, university students facing disciplinary action do not have the ability to settle out of court, nor are they guaranteed due process...