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Will Due Process Be Returned To Academic Suspension?: An Analysis Of Academia's Rejection Of The Title Ix Final Rule, Andrew F. Emerson
Will Due Process Be Returned To Academic Suspension?: An Analysis Of Academia's Rejection Of The Title Ix Final Rule, Andrew F. Emerson
Catholic University Law Review
In 2011, the Department of Education ("DOE") under the Obama administration issued its Dear College Letter ("DCL") ordering publicly funded educational institutions to undertake aggressive actions to deter what was deemed an epidemic of sexual violence on college campuses. DOE subsequently aggressively enforced the directives of the DCL with scores of costly investigations of college disciplinary systems and threatened withdrawal of federal funding for institutions that failed to respond to sexual harassment claims aggressively. Hundreds of lawsuits followed in the wake of the DCL's issuance. Specifically, the flood of litigation was initiated by males contending they were briskly expelled, suspended, …
Forming A More Perfect Honor System: Why The Trend Of Over-Legalizing Academic Honor Codes Must Be Reversed, Christopher M. Hartley
Forming A More Perfect Honor System: Why The Trend Of Over-Legalizing Academic Honor Codes Must Be Reversed, Christopher M. Hartley
Catholic University Law Review
Legal processes dominate many honor systems at schools and universities. The negative impacts of this legal saturation include time-consuming, overly burdensome, and seldom understood honor systems as well as a shift of student focus from compliance with honor codes to a fixation on exoneration, given the increased opportunity for fighting and defeating honor allegations using legal recourses. This article is a clarion call for higher education immediate action: schools must scrutinize their honor systems to ensure they are legally efficient, not legally saturated. Authors of books and law journal articles have meticulously reviewed the academic honor system history and legal …