ÌÒ×ÓÊÓÆµCalls on University of Michigan to Change its Student Sexual Misconduct Policy

September 5, 2019 9:15 am

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DETROIT – The ÌÒ×ÓÊÓÆµ of Michigan and the ÌÒ×ÓÊÓÆµ sent a letter to the University of Michigan today urging its administration to withdraw an interim policy that requires students who file sexual misconduct complaints to undergo cross-examination personally conducted by their alleged abusers.

As explained in the letter, the ÌÒ×ÓÊÓÆµis committed to a fair process both for those who allege that they have been harassed or assaulted and for those accused of such conduct. Due process and fundamental fairness require cross-examination in higher education cases where serious discipline is possible. But students accused of sexual abuse should not be permitted to personally conduct a cross-examination of the complainant. Cross-examination should be conducted by trained representatives – not by the students themselves.

“The university should not require those who allege sexual violence to undergo cross-examination conducted by the very individual accused of having committed the assault,â€� said Bonsitu Kitaba, deputy legal director at the ÌÒ×ÓÊÓÆµof Michigan. “The only people conducting cross-examination in these very difficult hearings should be representatives with professional training.â€�

The ACLU’s letter warns that a policy where those alleged to have engaged in assault or harassment personally question the complainant risks deterring complaints, traumatizing those who come forward with allegations, and creating a hostile campus environment, all in violation of the federal civil rights law known as Title IX. Most universities do not require cross-examination to be conducted by the parties themselves. The letter urges the University to adopt a policy that complies with Title IX and due process, by providing for cross-examination by those trained in the practice.

“The University of Michigan’s policy is unnecessarily traumatizing for those who report sexual assault and could deter survivors from coming forward,â€� said Sandra Park, senior staff attorney with the ÌÒ×ÓÊÓÆµWomen’s Rights Project. “It would also contribute to a hostile environment on campus in violation of Title IX.â€�

The ACLU’s letter urges the University to rescind its interim policy and replace it with a policy that complies with both due process and Title IX.


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