Biting the Hand that Feeds?: The Need for Independence and Impartiality in the Title IX Sexual Misconduct Investigation Process at Colleges and Universities

Journal

American University Administrative Law Review

Volume

75

Issue

8

Abstract

The pervasive nature of sexual assault on college campuses requires federal safeguards to ensure fair proceedings for both victims and perpetrators. The Association of American Universities (AAU) gathered information from thirty three universities and over 180,000 students and compiled a report on the AAU Climate Survey on Sexual Assault and Sexual Misconduct (AAU Report). The AAU Report concluded that thirteen percent of respondents experienced nonconsensual sexual contact by physical force or inability to consent. Further, the rates of such nonconsensual sexual contact for women and undergraduate students was significantly higher than comparable contact for men and graduate students, with up to thirty-two percent of undergraduate women experiencing nonconsensual sexual contact by physical force or inability to consent. The AAU Report found that almost one in four undergraduate women experienced sexual assault or misconduct. According to the National Sexual Violence Resource Center, in the United States, around twenty percent of women and two-point-six percent of men will experience attempted or completed rape6 at some point in their lives.

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