Introduction
In recent times, a number of colleges have lost a series of lawsuits brought against them by male students for accusing and punishing them for alleged sexual assault offenses. In one such case, a court ruled that there was a lack of due process on the college’s side.
Issues
In the case, a student of the University of South Carolina was suspended for allegedly assaulting a woman in a sexual manner during a group sex activity. The University argued that they had suspended the student on the basis of violating the institution’s sexual misconduct policy university by not preventing the other men from sexual assaulting the woman (New, 2016). According to the woman involved, the whole activity started out as a consensual act until later on when it turned violent
Delegate your assignment to our experts and they will do the rest.
Decision
The court, after examining the facts of the case, found that the University failed to provide the accused student with information regarding the factual grounds of the charges pressed against him. The student, therefore, could not examine the evidence used to support the woman’s claims and was further barred from appearing before the panel that decided his case. The court then ruled against the University for wrongfully suspending the student.
Personal Comments
For me, it is absurd to learn that a number of universities have adopted a trend of eliminating due process procedures for the accused persons in cases of sexual misconduct. It is unfair! From this case, I have learnt that the occurrence of sexual assault during a group sex act does not explicitly imply liability for all parties involved. In my position as a University student, such an occurrence could happen to me, but now I know I don’t have to fret if I am not the guilty party.
References
New, J. (2016, April 14). Several students win recent lawsuits against colleges that punished them for sexual assault. Retrieved December 13, 2016, from https://www.insidehighered.com/news/2016/04/14/several-students-win-recent-lawsuits-against-colleges-punished-them-sexual-assault
