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Due Process Needs ‘Additional Review’ In Sexual Assault Bill, Co-Sponsor Says

The Campus Accountability and Safety Act needs some tweaks to ensure that students accused of sexual assault don’t get railroaded by the campus disciplinary system, one of the bill’s co-sponsors told The Breeze, James Madison University’s student newspaper.

The school is under fire for punishing three students who filmed their sexual assault with “expulsion after graduation.”

The entire phone conversation with Sen. Mark Warner, D-Va., is transcribed:

I do believe you do need, for the accused, you need to maintain due process rights. And then … I think this part of the legislation will probably require some additional review, but you know, what is the level of sanction? If the university continues to not responsibly deal with this issue. … I would like to see some action this year, I mean there’s still parts of this bill that need to be fully debated … 

Warner trots out the questionable statistic that 1 in 5 women are sexually assaulted on campus, but deflects the paper’s request to “define mishandling of a sexual assault case”:

I understand what’s going on with JMU … I’m not gonna try to put a description on what mishandling is … I think that’s — that’s what trying to get this legislation right would be, how you set up those standards. And I think we have set up a framework, but there’s more work to be done. …

How do you have an expedited process that gives the accused due process but also doesn’t leave the victim hanging in limbo?

Warner also said “at some point in the near future we’re gonna bring in a number of university officials” to hear “what they’re doing individually” and how they would craft legislation.

Warner’s willingness to tweak apparently hasn’t satisfied 18 groups who formally came out against the bill on Wednesday.

The groups include the American Council on Education, Beyond the Registry, Community of the Wrongly Accused, ifeminists.com, National Association of Scholars, Stop Abusive and Violent Environments, Voice for Male Students and Women for Men.

Going by the Campus Justice Coalition, they said:

the bill does nothing to address the documented inadequacies of campus committees to conduct investigations, hold hearings, and impose appropriate sanctions. Ironically, the Campus Accountability and Safety Act contains no requirements to increase police presence, promote thorough investigations, or strengthen prosecutorial actions. …

“The current system represents second-class justice for both victims and the accused,” charges Campus Justice Coalition spokesperson Sheryle Hutter. “CASA is a perfect example of a bill that is full of symbolism but woefully lacking in substance.”

Read the full interview with Warner here, and the full Campus Justice Coalition statement here.

h/t greg

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About the Author
Associate Editor
Greg Piper served as associate editor of The College Fix from 2014 to 2021.