A recent New York Times article, “Does a Sexual Assault Claim Kill a Political Career? It Depends,” took a fascinating and troubling look at how politicians accused of sexual misconduct respond. In short, the article explained that accused Democratic officials typically face quick pressure from both sides to resign, while Republican officials often receive protection from their party and hold their ground. Sadly, a similar type of selective accountability plays out in school Title IX proceedings every day. Though it may seem like a stretch to compare the worlds of politics and education, when it comes to reports of sexual assault, the rush to judgment is similar.
Representing Survivors and Accused Students Alike
For well over a decade, Susan Stone and I have represented students in campus Title IX cases and related criminal and civil litigation. Our clients have included survivors of sexual assault and accused students alike. We’ve fought for students who were violently attacked and then left to fend for themselves within their educational institution and among peers. But we’ve also battled on behalf of students whose futures were decimated by allegations spun for ulterior motives. Some question how we can represent complainants and respondents. The answer is simple: we stand by our conviction that everyone is entitled to counsel, and we firmly believe that all students deserve advocacy. We’ve also learned not to rush to judgment in any case. Doing so would be no better than a mob mentality.
Where Title IX Proceedings Fall Short
Title IX protects a student’s ability to access their education free from sex-based discrimination. There is an important place for Title IX proceedings in educational institutions. The problem is that too often students and institutions quickly adopt labels that have little regard for fairness or truth. These cases are often riddled with arbitrariness that raises the question of whether the process does more harm than good. Cases should be handled impartially, and young adults should not have to worry that the outcome of their case, whether they are the accuser or the accused, will depend on their social capital, financial status, athletic prowess, or any other label.
Experience on Every Side of These Cases
Together, Susan and I have more than 30 years of combined experience working on cases involving Title IX and sexual assault. We have litigated civil rights actions for plaintiffs, defended the accused in state and federal courts, and participated in countless campus Title IX proceedings. We fight for all young adults grappling with these issues because, to us, accountability for sexual assault should never depend on who you are.