Campus sexual assault : constitutional rights and fundamental fairness / Evan Gerstmann.
2019
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Author
Title
Campus sexual assault : constitutional rights and fundamental fairness / Evan Gerstmann.
Imprint
Cambridge : Cambridge University Press, 2019.
Description
1 online resource (viii, 238 pages) : digital, PDF file(s)
Formatted Contents Note
The due process deficit and the importance of college adjudication
Due process and the constitution
Due process and private universities
Due process prior to the hearing
Due process during and after the hearing
Sexual assault and affirmative consent
Affirmative consent and the constitution
The empirical claims for affirmative consent
Moving forward.
Due process and the constitution
Due process and private universities
Due process prior to the hearing
Due process during and after the hearing
Sexual assault and affirmative consent
Affirmative consent and the constitution
The empirical claims for affirmative consent
Moving forward.
Summary
Sexual assault on college campuses has drawn tremendous public attention and colleges are under great pressure to respond. In many cases, the result has been a system of sexual assault tribunals that violates the rights of alleged assailants and assault survivors. Gerstmann shows how colleges are often punishing students as sex offenders without a fair hearing and are defining sexual offenses in an unconstitutionally broad manner. Using unbiased and accessible language, this book avoids easy answers and asks: how are colleges failing to assess accusations in a fair manner? Why are 'affirmative consent' laws unconstitutional? How can we do a better job preventing sexual assault? The author argues that colleges are too often making poor choices in terms of how they respond to allegations of sexual assault and, in doing so, they are depriving students of due process, while failing to protect victims of assault.
Note
Title from publisher's bibliographic system (viewed on 11 Dec 2018).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108671255 ebook
9781108497923 hardback
9781108709316 paperback
9781108497923 hardback
9781108709316 paperback
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