FINALLY ANOTHER BILL For Due Process. North Carolina Accused Students Get Legal Protection
A bill introduced by a North Carolina lawmaker recently would add legal protections for UNC system students who are accused of sexual misconduct. It will also standardize disciplinary proceedings for students at all 16 university campuses. The law would require the Board of Governors to adopt mandatory, systemwide policies to ensure:
▪ Students are promptly notified when accused of sexual misconduct, including details of allegations, alleged violations of the Student Code of Conduct and copies of evidence against them. Students must be told of their right to consult an attorney and to have one accompany them through the process, and of their right to appeal findings of misconduct.
▪ Parties to an investigation are allowed to question and cross-examine witnesses.
▪ The investigation and any hearing must be impartial, and the person who investigates the allegations cannot also be the finder of fact at the subsequent hearing.
▪ Findings from the investigation and hearing must be written and provided to both the complainant and the accused to allow for review on appeal.
▪ The standard of proof will be “clear and convincing evidence,” a higher standard than is now applied.
Gene Riddle, whose Raleigh law firm represents victims of sexual assault, said after reading the bill, the due process guarantees would be a good addition. “Any time you give an attorney the right to question witnesses who have accused another party, I think that’s a good process, that’s part of due process. Our country is founded on due process.”
newsobserver.com By M. Quillin
