Duke University: Overbroad and Unjust Sexual Misconduct Policy
- "New Duke Policy Renders Students Unwitting Rapists; Removes Protections for Those Accused of Sexual Misconduct," April 7, 2010: Duke University has instituted a new "sexual misconduct" policy that can render a student guilty of non-consensual sex simply because he or she is considered "powerful" on campus. The policy claims that "perceived power differentials may create an unintentional atmosphere of coercion." Duke's new policy transforms students of both sexes into unwitting rapists simply because of the "atmosphere" or because one or more students are "intoxicated," no matter the degree. The policy also establishes unfair rules for judging sexual misconduct accusations. FIRE is challenging the policy.
- "Response to FIRE from Duke University Counsel Kate S. Hendricks," April 4, 2010
- "FIRE Letter to Duke University President Richard H. Brodhead Regarding Duke's Sexual Misconduct Policy," March 4, 2010
- "Duke University's New "Sexual Misconduct" Policy," September 1, 2009
- "The Chronicle: Comment on rape policy not aimed at all students," The Chronicle, August 31, 2009
- "The Chronicle: Rape policy mandates reporting," The Chronicle, August 28, 2009
Case Materials
- "FIRE's Case at Duke Gets National Attention in 'Boston Globe,' 'Washington Times,' 'The Atlantic'," April 15, 2010: FIRE's exposé of Duke University's unjust sexual misconduct policy—a policy that transmogrifies students into unwitting rapists—is drawing the attention of some of America's best-known publications. In The Boston Globe, Cathy Young brings analysis and an original perspective to Duke's policy, while FIRE Vice President Robert Shibley has a column of his own in today's Washington Times. Meanwhile, The Atlantic's Wendy Kaminer, a member of FIRE's Board of Advisors, tackles the policy's defective procedures and the political assumptions underlying the policy. Duke, meanwhile, has remained silent, making it increasingly obvious that it cannot defend this outrageously unfair policy.
- "In Pages of 'Washington Times,' FIRE's Robert Shibley Takes Apart Duke's Outrageous Sexual Misconduct Policy," by Azhar Majeed, April 15, 2010
- "Cathy Young in 'The Boston Globe' on Duke's Unjust Sexual Misconduct Policy," by Robert Shibley, April 14, 2010
- "Wendy Kaminer Pillories Duke's Sexual Misconduct Policy in 'The Atlantic' ," by Peter Bonilla, April 13, 2010
- "Duke and the Art of Not Answering Questions," by Robert Shibley, April 9, 2010
- "Robert Shibley Appearing on 'The David Boze Show' Tonight," April 7, 2010
- "New Duke Policy Renders Students Unwitting Rapists," by Robert Shibley, April 7, 2010
Blog Entries
- "SHIBLEY: Unwitting rapists and their oblivious victims,"
by Robert Shibley, The Washington Times, April 15, 2010 - "Duke’s sexist sexual misconduct policy,"
by Cathy Young, The Boston Globe, April 14, 2010 - "Ex-Student Sues Brown Over Rape Accusation,"
by Katie Thomas, The New York Times, April 14, 2010 - "Duke University and the Accidental Sex Offender,"
by Wendy Kaminer, The Atlantic, April 12, 2010
