Lambda Chi Alpha Resigns NIC Membership

[Kevin]

Right, either way you read it, HuffPo has concluded that the NIC's objective here is somehow nefarious because victims' advocacy groups are against any proposed changes. Of course HuffPo has not a single quote from anyone with direct knowledge that LXA is leaving for this particular reason. I ordinarily have a lot of respect for HuffPo, but this seems to be a real lapse on their part.

In earlier coverage, they have interviewed a one or two rape victims who said they wouldn't have gone to their university had they also been required to go through law enforcement.

My feeling is that if you are going to accuse someone of something so serious as sexual assault or rape, we are talking about a serious crime. It shouldn't be something schools can potentially sweep under the rug by handling it administratively. Law enforcement does need to be involved, and if there is guilt, the rapist needs to be labeled as such, collect his sex offender registration for life card and do some prison time.

Right now, since law enforcement really isn't involved, when you as an attorney represent your client who is subject to a Title IX investigation, my experience is that a student's assertion of his 5th Amendment Right against self-incrimination can, with the standard of proof, such as it is, be considered an admission. The decision to cooperate and discuss things with the panel could result in that same evidence being used against you in a criminal proceeding.

This is all very new stuff and the appellate courts don't yet give us a whole lot of guidance, so we're looking at a lot of damned if you do/damned if you don't situations for the accused. And in many cases, the accused isn't guilty.