FIRE’s President Responds to White House’s First Report on Campus Sexual Assault
Not surprisingly, the White House Task Force issued a series of constitutionally questionable recommendations that expand the “War on Men” on American campuses in an attempt to deal with sexual violence.
The Foundation for Individual Rights in Education (FIRE) President Greg Lukianoff has this scathing review of the Task Force report, which doubles down on an already damaged system.
No one is happy with the way campuses currently deal with sexual harassment, sexual violence, and rape—not victims, not the accused, not parents or loved ones, not administrators, not university counsel, not defense attorneys, not civil liberties advocates, and not the general public.
The White House Task Force has attempted to correct the status quo’s failures. Unfortunately, it has missed an opportunity for meaningful and positive reform, instead doubling down on a broken system. By continuing to empower campus judiciaries to adjudicate allegations of serious criminal activity, the Task Force’s recommendations may ultimately worsen the situation for both victims and the accused. As the Rape, Abuse & Incest National Network (RAINN), one of the nation’s preeminent anti-sexual assault organizations, stated in its written comment to the Task Force, “until we find a way to engage and partner with law enforcement, to bring these crimes out of the shadows of dorm rooms and administrators’ offices, and to treat them as the felonies that they are, we will not make the progress we hope.”
Perhaps most worryingly, the Task Force appears to be enthusiastic about essentially eliminating hearings altogether for students accused of assault and harassment. The Task Force is exploring a “single investigator” model, where a sole administrator would be empowered to serve as detective, judge and jury, affording the accused no chance to challenge his or her accuser’s testimony. Tellingly, the Task Force expresses only the most meager sense of the rights necessary to secure fundamentally fair hearings, noting that it believes the single investigator model would still “safeguard[] an alleged perpetrator’s right to notice and to be heard.”
… FIRE is under no illusion that there is a simple solution to the problem of sexual assault on campus. But by lowering the bar for finding guilt, expanding the definition of harassment beyond recognition, eliminating precious due process protections, and entrusting unqualified campus employees to safeguard the vitally important interests of all involved, we are creating a system that is impossible for colleges to fairly administer, and one that will be even less fair, reliable, and accurate than before.
FIRE Responds to White House Task Force’s First Report on Campus Sexual Assault (FIRE)