In this week’s Miami Law Explainer podcast, “Title IX Turns 50,” campus sexual assault expert Professor Tamara Rice Lave weighs out the successes and failures of the law and her book, “Sexual Assault on Campus: Defending Due Process.”
The book takes on one of the most divisive issues facing the United States today. Victims contend that schools aren’t doing enough to protect them. They are infuriated by what they perceive to be a lack of accountability for campus rape. Accused students feel like they are presumed guilty. They can’t meaningfully defend themselves when they are denied the most basic of procedural protections.
“Of all that has been written about Title IX and sexual misconduct, Tamara Lave’s work is without question the most thorough, most thoughtful, and most balanced,” said R. Shep Melnick, the Tip O’Neill Professor of American Politics at Boston College and author of “The Transformation of Title IX.” “We should all read it and follow her advice.”
“Campus Sexual Assault” grapples with how to fairly adjudicate sexual misconduct for both victims and the accused. It begins by critically assessing the extent of the problem before explaining why the criminal justice system has not responded adequately. It then traces how Title IX became the primary vehicle for combatting campus sexual assault.
The book discusses the Department of Education’s attempts to force schools to take campus assault seriously, with a particular focus on the 2011 “Dear Colleague letter.” It discusses why the DCL was problematic from its inception. It provides original data from schools across the country in assessing the fairness of adjudication in the wake of the DCL. It also includes excerpts from interviews with complainants, accused students, and administrators to give a first-hand account of these proceedings. The book culminates in a critical, in-depth look at the Title IX regulations put in place under former President Donald Trump’s administration with detailed recommendations for how the new regulations can be improved.
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