College and university students who are charged with sexual misconduct now have more rights in front of college tribunals. Rights, in my opinion that they should have had from day one.
Under new guidelines proposed by the federal government a person who is charged with sexual misconduct will now have the right of cross-examination, an essential element to due process.
The new rules are simply following court rulings from around the country which require that university tribunals allow cross-examination of the accuser.
The new regulations would also give the accused access to all evidence gathered during the investigation. Presumably colleges and universities will act honorably and turn over all of the investigative notes and reports.
Additionally, the new regulations will prevent the university appointed investigator from becoming the investigator, judge and jury.
Although the new regulations are not yet in effect, any student charged with sexual misconduct should press for the right of cross-examination as well as disclosure relying on federal court cases from around the country.
