Quote:
Originally Posted by AGDee
Yes, a societal problem. But if the law said they can't prosecute, then how can the school take action? If the rapists fought the school, wouldn't the argument "You can't suspend me because even the district attorney said there wasn't enough evidence to prosecute" be sufficient to prevent the school from taking action?
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I would think that the school wouldn't be prevented from taking action - students have been suspended/expelled for much less serious crimes than sexual assault. The big problem for these schools in cases such as these is the potential for lawsuits… from both sides.
I know there are cases where a complete mishandling of the complaint has occurred, but for the most part, I think these schools feel stuck. I've read about some of the individual cases, and in at least a handful of them, the schools are not being accused of gross negligence. Well, they are, but on the surface, it's not a reasonable complaint; not one that should earn a student huge dollar amounts in damages, anyway.