TAKEDOWN Title IX: The Fight over Federal Rules on College Sex Assault
“There’s an old saying among lawyers: Justice is not the result, it’s the process.” Attorney Miltenberg says, “We give ourselves over to a system. We lose, we win. We hate losing, but you are able to at least say: ‘I couldn’t have asked the judge to do more than he did. He listened, he thought, he read.’ Here, [in campus Title IX proceedings] you are not having that experience.”.. In the past six months, two different professional attorneys’ associations have reviewed campus sexual-misconduct policy, and a third’s assessment is underway. They’ve come to different conclusions — one proposing higher standards of proof, another access to all evidence for accused students.