The recent White House Task Force report on campus sexual assaults, "NOT ALONE The First Report of the White House Task Force to Protect Students from Sexual Assault", recommends that colleges and universities consider using a "single investigator" model to improve campus sexual assault... Read more.
The April 2014 release of “NOT ALONE The First Report of the White House Task Force to Protect Students from Sexual Assault” recommends colleges and universities seek answers to the question of how campus sexual assault investigations should be handled and who should conduct the investigations... Read more.
The word emergency comes from the Latin “emerge” – bring to light. College and university policies for the emergency transport of students in danger of being alcohol poisoned could use a dose of light and transparency.
Amnesty. It’s not amnesty if you can still get in trouble for it. So... Read more.
Res ipsa loquitur is a common legal doctrine referred to in negligence cases that might be understood as why you are liable even when you didn’t do anything. “Res ips” – relies on your exclusive control over what caused the damage to make you responsible for all the bad things that might arise... Read more.
Two recent high-profile military prosecutions for sexual assault highlight problems with the military sexual assault system. The military cases also hold a mirror up to campus sexual assault prosecution systems.
The reflection reveals troubling parallels and potentially even more... Read more.
The March 7 Metro article “Suit fights new law on campus sex crimes” highlighted but one problem with colleges and universities seeking to play cop, prosecutor, defense counsel, judge and jury: The schools can’t even figure out what standard of proof to require. And the new federal Campus Sexual... Read more.
The DC City Council’s efforts to decriminalize marijuana opens a Pandora’s box for schools and universities who will need to reconcile their student conduct codes.  Or not.
So which college or university will pioneer the de-sanctioning of marijuana use on their campus and instantly... Read more.
Imagine you are tasked with designing a system for determining whether violations of the law have occurred. You might ask yourself the question of who should make these determinations about the future of community members. And you would probably decide that these deciders ought to be highly... Read more.
No, it doesn’t matter that you were off-campus. It may not even matter if you were out of the country.
Student defense clients and their families often can’t believe that an alleged conduct violation occurring off-campus can still violate college student conduct policy.
“But it... Read more.
Approaching the 12-hour mark of a student conduct hearing at a major university I am reminded of lyrics from a Maroon Five song (“cross my heart and hope to die” from “One More Night”) as I listen to the disorganized and clumsy questioning of witnesses by the hearing panel. Holding aside the... Read more.