Campus sexual assault : constitutional rights and fundamental fairness / Evan Gerstmann (Loyola Marymount University, California).

Format:

Book

Author/Creator:

Gerstmann, Evan, author.

Language:

English

Subjects (All):

Campus violence--Law and legislation--United States.

Campus violence.

Rape in universities and colleges--United States.

Rape in universities and colleges.

Universities and colleges--Law and legislation--United States.

Universities and colleges.

Universities and colleges--Law and legislation.

College students--Crimes against.

College students.

Private universities and colleges--Law and legislation.

Campus violence--Law and legislation.

United States.

Private universities and colleges--Law and legislation--United States.

Private universities and colleges.

College students--Crimes against--United States.

Due process of law--United States.

Due process of law.

Civil rights--United States.

Civil rights.

Fairness.

Physical Description:

viii, 238 pages ; 24 cm

Place of Publication:

Cambridge, United Kingdom ; New York, NY, USA : Cambridge University Press, 2019.

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.

Contents:

Part I: The need for due process. The due process deficit and the importance of college adjudication ; Due process and the Constitution ; Due process and private universities

Part II: What process is due? Due process prior to the hearing ; Due process during and after the hearing

Part III. Substance and solutions. Sexual assault and affirmative consent ; Affirmative consent and the Constitution ; The empirical claims for affirmative consent ; Moving forward.

Notes:

Includes bibliographical references and index.

ISBN:

9781108497923

1108497926

9781108709316

1108709311

OCLC:

1041226774