Miltenberg: “Don’t Forget Due Process in Student Sexual Assault, Harassment Cases | Opinion,”


As an attorney representing students and faculty involved in Title IX misconduct investigations throughout the State of New Jersey, I respectfully disagree with the recent statements made by New Jersey Attorney General Gurbir Grewal and Secretary of Higher Education Zakiya Smith Ellis in their opposition to proposed rule changes over how schools should handle sexual assault and harassment complaints from students. The Attorney General should be especially concerned with the impact of his statements on undermining due process for those accused of violating school codes of conduct. … As a result of flawed Title IX directives and the clear disregard for the due process rights of male college students, hundreds of young men are facing life-changing consequences for allegations that have not been proven and crimes that have not been committed. … While not perfect, the new proposed federal guidelines go a long way to ensure a full and objective investigative process and a fair, impartial hearing process in which the accused has a full opportunity to be heard and to question his or her accuser, the evidence and statements by witnesses, as well as an objective, independent appeals process. Now more than ever, as universities are paying more attention – as they should – due process of law must be observed. No matter how difficult that may be. New Jersey’s chief law enforcement officer and his colleagues should recognize this important constitutional right.

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