Why do so many institutions of higher education seem to have this problem?

The FIRE blog reports.

Due Process Duly Unavailable at UD

This month, the University of Delaware (UD) changed its sexual misconduct procedures from a full hearing to a one-on-one investigation by a “trained professional,” thereby becoming yet another school to adopt the problematic “single investigator model.”

As part of this updated policy, UD’s Office of Equity and Inclusion has appointed two staff members as Title IX investigators. The new hires not only engage in sexual assault education and outreach, but conduct the entire investigatory process when there is a misconduct allegation. With such a broad focus, it is difficult to imagine that two people will successfully address sexual misconduct on this campus of nearly 17,000 undergraduate students without violating due process.

The new policy indicates that one trained professional will investigate a report of sexual misconduct and conclude whether the respondent is guilty or not. This construct allows one individual to act as detective, judge, and jury by single-handedly deciding the fate of the accused. By allowing one person to act in all of these roles, there is no check on the investigator’s power. That individual’s biases and mistakes may persist in an investigation unrestrained.

Among the protections normally afforded a criminal defendant, but lost with the single investigator model, is the cross-examination and questioning that occurs from a full hearing procedure. UD’s sexual misconduct policy states:

The investigator will give the complainant and respondent the opportunity to present questions they believe should be asked of the other party and witnesses and the opportunity to respond to statements made by others, if deemed appropriate by the investigator.