Title IX: The Debate over Cross-Examination
Presentation Type
Poster
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
26-4-2024 2:15 PM
End Date
26-4-2024 3:15 PM
Description
The fairness of Title IX disciplinary procedures regarding campus sexual assault remains the subject of debate. Complainant often suffers physical and psychological harm both as a result of the incident which is the subject of the hearing as well as from the process itself. Besides academic discipline, including the possibility of expulsion, respondent may suffer emotional and reputational harm as a result of the process. Much is at stake in a Title IX proceeding. Yet, a Title IX hearing is an administrative-not a criminal-proceeding, at which formal rules of evidence, including cross-examination, are applicable. Given the potential consequences of a Title IX hearing, what can and should be done to ensure that the due process rights of parties, including the right of cross-examination, are protected? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of the problem. I used qualitative research methodology, specifically textual analysis. I examined the problem through the disciplines of law and sociology. I found and critically reviewed scholarly articles and relevant court opinions to find insights relevant to the research problem. I then sought common ground among disciplinary insights, and integrated insights to arrive at a more comprehensive understanding of the problem. This results in suggested resolutions of the problem. Based on my research and analysis, I conclude that (1) Title IX proceedings do not require the use of criminal procedure to afford parties due process of law; (2) "intermediary cross-examination" in Title IX proceedings is sufficient to protect parties' rights.
Title IX: The Debate over Cross-Examination
The fairness of Title IX disciplinary procedures regarding campus sexual assault remains the subject of debate. Complainant often suffers physical and psychological harm both as a result of the incident which is the subject of the hearing as well as from the process itself. Besides academic discipline, including the possibility of expulsion, respondent may suffer emotional and reputational harm as a result of the process. Much is at stake in a Title IX proceeding. Yet, a Title IX hearing is an administrative-not a criminal-proceeding, at which formal rules of evidence, including cross-examination, are applicable. Given the potential consequences of a Title IX hearing, what can and should be done to ensure that the due process rights of parties, including the right of cross-examination, are protected? This is a complex problem requiring interdisciplinary research to achieve a more comprehensive understanding of the problem. I used qualitative research methodology, specifically textual analysis. I examined the problem through the disciplines of law and sociology. I found and critically reviewed scholarly articles and relevant court opinions to find insights relevant to the research problem. I then sought common ground among disciplinary insights, and integrated insights to arrive at a more comprehensive understanding of the problem. This results in suggested resolutions of the problem. Based on my research and analysis, I conclude that (1) Title IX proceedings do not require the use of criminal procedure to afford parties due process of law; (2) "intermediary cross-examination" in Title IX proceedings is sufficient to protect parties' rights.