NO JUSTICE FOR ACCUSED. University of Virginia Puts Accused Students Through Triple Jeopardy
The U.S. Constitution bans double jeopardy in trials.
When it comes to campus sexual misconduct proceedings, though, the federal government actually orders double jeopardy when schools already have an appeals process (allowing accusers to appeal not-guilty findings). But have you ever heard of triple jeopardy in a college proceeding?
The University of Virginia is giving accusers yet another bite at the guilt apple under a new bylaw adopted by its Honor Committee, the student-run and student-elected body that enforces code violations. UVA’s Honor Committee recently adopted a new bylaw addressing how the Committee will respond to allegations of lying that arise from cases adjudicated under the university’s Title IX policy. The committee was responding to a gap in its enforcement authority, which until recently did not cover Title IX cases. Unfortunately, the language they ultimately adopted creates a form of double jeopardy that poses a serious threat to the rights of the accused.
The Foundation for Individual Rights in Education analyzes the new bylaw, which it says was devised in good faith but went horribly wrong in practice.
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