Universities Under Investigation Re: Handling Sexual Assault

[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?

[DrPhil]

Is it similar (like a school's version) to the burden of proof for a civil suit versus a criminal suit? The school can investigate and punish on the bases of upholding school policies and campus safety. Schools have their own committees and councils that handle campus concerns. The evidence needed to be punished will vary by school and is more along the lines of "just in case" rather than the same hard evidence required for criminal prosecution.

[ASTalumna06]

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?

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.

[DeltaBetaBaby]

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?

No. Schools can kick people out as they see fit, as long as their policies aren't violating laws themselves (e.g. targeting a protected class). You don't have a constitutional right to attend college.

[naraht]

Originally Posted by DeltaBetaBaby

No. Schools can kick people out as they see fit, as long as their policies aren't violating laws themselves (e.g. targeting a protected class). You don't have a constitutional right to attend college.

Yup. Though breaking housing contracts on the school's side can be screwy in some states.

[AGDee]

Originally Posted by DeltaBetaBaby

No. Schools can kick people out as they see fit, as long as their policies aren't violating laws themselves (e.g. targeting a protected class). You don't have a constitutional right to attend college.

Really? So I can pay full tuition, room & board and for absolutely no reason at all, they can just say "Sorry, you're done, leave"? Are they legally obligated to return your fees?

[Psi U MC Vito]

Originally Posted by AGDee

Really? So I can pay full tuition, room & board and for absolutely no reason at all, they can just say "Sorry, you're done, leave"? Are they legally obligated to return your fees?

Nope. Schools have a lot of power over students that people aren't aware of. When you attend you agree to go by the handbook which essentially says you can be booted for anything in a lot of places.