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Courts Continue to Overturn Disciplinary Decisions in Sexual Misconduct Cases Due to Flaws in Disciplinary Procedures  

Author:  Ralph Gerstein.; Lois Gerstein.

Source: Volume 11, Number 03, Winter 2019 , pp.73-79(7)

Family & Intimate Partner Violence Quarterly

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However necessary and well-intended, college disciplinary procedures used to adjudicate acts of sexual abuse or sexual harassment by campus members at times fail to fully deliver justice to both the accuser and the accused In this two-part report, Ralph Gerstein and Lois Gerstein, experts on legal issues affecting collegiate settings, dissect the errors made during the prosecution of improper sexual conduct occurring on two different campuses, Washington State and Lynn University. As the authors point out, both of these cases demonstrate the pressing need for careful adherence to due process and established procedures in order to protect the rights of the accused and, ultimately, to deliver justice to all parties.

Keywords: Arishi v. Washington State Univ.; Model State Administrative Procedures Act; Doe v. Lynn University; Title IX; Yusuf v. Vassar College

Affiliations:  1: Attorney at Law; 2: Campus Safety & Student Development.

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