Campus sexual assault grievance procedures, governed by Title IX, have become a hotspot for recent debates about the contours of due process on college campuses. The Obama administration substantially revised Title IX grievance procedures to encourage reporting and adjudication of campus sexual assaults. Less than a decade later, the Trump administration rolled out its own Title IX guidance to undo many of those requirements, in the name of enhancing due process protections for accused students. One particularly controversial new requirement in the 2020 Title IX regulations is for adversarial cross-examination. This Comment argues that adversarial cross-examination in campus sexual assault adjudications is not required by due process and undermines the mandate of Title IX. Indirect, non-adversarial cross-examination would sufficiently protect the due process rights of accused students while also ensuring that accusing students are not re-traumatized by the adjudication process.
Suzannah C. Dowling,
(Un)Due Process: Adversarial Cross-Examination in Title IX Adjudications,
Me. L. Rev.
Available at: https://digitalcommons.mainelaw.maine.edu/mlr/vol73/iss1/5