FIRE’s Andrew Kloster in the ‘Stanford Law Review Online’
October 10, 2012
Andrew Kloster, FIRE's Justice Robert H. Jackson Legal Fellow, highlights the problems with dual-appeal rights in the proposed Violence Against Women Act reauthorization in his article in the Stanford Law Review Online, "The Violence Against Women Act and Double Jeopardy in Higher Education." Here's an excerpt:
Whatever the legal basis, it is clear that both Congress and the Department of Education ought to take seriously the risk that mandating that all universities receiving federal funds afford a dual appeal right in college disciplinary proceedings violates fundamental notions of fairness and legal norms prohibiting double jeopardy. College disciplinary hearings are serious matters that retain very few specific procedural safeguards for accused students, and permitting "do-overs" (let alone mandating them) does incredible damage to the fundamental rights of students.