September 10, 2014

University to Vote On Revising Standards About Sexual Misconduct

At its first meeting of the school year on Monday, September 15, the faculty at Princeton University is expected to vote on revised policies regarding the way it handles allegations of sexual misconduct. Changes proposed by the Faculty Advisory Committee on Policy are designed to bring the University into compliance with the Violence Against Women Act (VAWA), which Congress authorized in March, 2013, and Title IX, which prohibits discrimination based on sex in educational institutions that get federal funding.

While all other Ivy League schools use the “preponderance” standard that relies on a more-likely-than-not principle when it comes to assessing guilt, Princeton has for years relied on a “clear and persuasive” standard, which insists on a higher burden of proof. This standard is usually associated with criminal proceedings.

The revised policies would bring Princeton in line with the “preponderance” standard. Separate policies, one for a complaint or violation involving a student and the other if it involves a member of the faculty or staff, have been developed. A third refers to when a person not in the University community is involved as a complainant or respondent.

According to information from the University’s Office of Communications, the committee devoted significant time over the summer to the issue. Since 2010, the U.S. Department of Education’s Office for Civil Rights (OCR) has been investigating the University’s handling of student disciplinary cases related to sexual misconduct. Princeton is one of several colleges under investigation for alleged Title IX violations.

It was in 2010 that an adjunct professor at the New England School of Law filed a complaint against Princeton for allegedly mishandling reports of sexual assault.

“The University has fully cooperated with the investigation and has also made a number of adjustments to its sexual misconduct policies and disciplinary procedures in response to guidance released by OCR in 2011,” reads a report sent to members of the faculty last week.

The federal office informed the University this past July that changes will need to be made to bring the institution up to speed with Title IX. “It is important that the University come into compliance with both the OCR and the VAWA requirements as promptly as possible,” the report reads, “and ideally before any new cases come forward for adjudication.”

To get this done, the University has established a new faculty-student committee. The proposed changes include using trained investigators rather than members of the Faculty-Student Committee on Discipline. Also recommended is allowing lawyers to accompany any involved parties and giving accusers and accused individuals the right to appeal.

Should the faculty vote in favor of the recommendations at the September 15 meeting, the Council of the Princeton University Community will consider revisions to Rights, Rules and Responsibilities two weeks later, according to The Daily Princetonian.