Can Justice Be Served on Campus?

Abstract

Campus disciplinary systems are positioned to provide a modicum of justice for victims of sexual violence and deter predatory assaults. Yet, this will occur only if victims find them worthy of use and the broader campus community believes them to be fair to accused and accusing students. This investigation reviews the legal status of various due process and victim protection practices and determines their presence in the student disciplinary policies of four-year residential colleges and universities in Maryland. Findings establish that compliance with the Clery Act is relatively high, while due process and victim protections vary widely. Findings also show that public institutions and those adopting “trial”-like adjudication procedures promise greater due process and victim protections compared to private institutions and those following an inquisitorial model. Policies are recommended to achieve procedural fairness while encouraging victims to report abuse and use campuses systems, along with further avenues for investigation.

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