BIG NEWS: Congress’ Higher Education Act Reauthorization Tackles Campus Due process
Recently, the House Education and Workforce Committee’s Republican members introduced legislation called the PROSPER Act to reauthorize the Higher Education Act. The PROSPER Act includes several elements that were influenced by or were taken directly from a model bill offered by the due process group Stop Abusive and Violent Environments, or SAVE. One of the most important requirements is that colleges ban “commingling of administrative or adjudicative roles” in proceedings. This would seem to ban so-called single-investigator models in which the same person who investigates also makes a finding and recommendation, sometimes without a hearing where accuser and accused can make their own cases.