Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

["S. Daniel Carter" <>]

Guidelines published by the U.S. Department of Education's Office for Civil
Rights regarding how sexual harassment, which includes sexual assault, cases
are handled discuss affording an opportunity to appeal in the context of
having an "equitable" grievance process under Title IX.

In "Revised Sexual Harassment Guidance: Harassment of Student by School
Employees, Other Students, or Third Parties" published in January 2001 the
OCR states "OCR has identified a number of elements in evaluating whether a
school¹s grievance procedures are prompt and equitable, including whether
the procedures provide for..." then goes into a list of elements. The next
full sentence states "Many schools also provide an opportunity to appeal the
findings or remedy, or both."

It is our interpretation of this statement that OCR is implying affording
the accuser an opportunity to appeal is one of several key factors they will
evaluate when determining if the process was fair to both sides. So in other
words affording the accuser an opportunity to appeal would be a factor in an
institution's favor if the OCR ever evaluated whether or not a victim's
civil rights were violated.

The complete document can be accessed at...

http://www.ed.gov/offices/OCR/archives/pdf/shguide.pdf

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-mail:

on 1/20/06 10:02 AM, LaDue, Lee E. at 

 wrote:

> We are in the process of rewriting our student conduct code for sexual
> assault cases and I am having a difficult time convincing folks to allow
> victims, as well as the accused student to appeal a decision.
> Currently, our code only allows appeals for accused students.  Does
> anyone have some good legal language I could use to discuss this with
> them?  Or for any of you that have this as part of your code, do you
> have examples of it working well or not working?
> 
> Lee LaDue
> Assistant Director/Coordinator of the Gender Violence Prevention Office
> St. Cloud State University Women's Center
> 720 4th Ave. S.
> St. Cloud, MN 56301
> 320/308-3995
> ************************************
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