High-profile cases have recently put campus sexual assault in the spotlight. One question that has repeatedly come up: why are these cases being handled by campuses at all? Title IX requires that every school receiving federal aid must take concrete steps to deal with hostile environments and sexual assault. This leaves colleges and universities with the task of figuring out what policies and procedures to enforce. Proponents say that campus investigations serve a real need, forcing schools to respond to violence and protecting the interests of victims in ways that the criminal justice system may fail. Can schools provide due process for defendants and adequate justice for victims, or do these cases belong in the courts?
Michelle Anderson, dean at CUNY School of Law, is a leading scholar on rape law. A member of the American Law Institute, she is an adviser to its project revising the Model Penal Code on sexual offenses. She also serves on a Department of Defense Subcommittee revising the military definition of rape. Anderson graduated from Yale Law School, where she was Notes Editor of the Yale Law Journal. Following law school, she clerked on the U.S. Court of Appeals for the Ninth Circuit for Judge William Norris. Anderson is a former policy chair of the National Alliance to End Sexual Violence. She is the recipient of the Distinguished Leader in Education Award from Education Update and the Diversity & Inclusion Champion Award from the New York City Bar Association. In spring 2016, she will be a visiting professor at Yale Law School.
Jed Rubenfeld is the Robert R. Slaughter Professor of Law at Yale Law School. He is the author of Freedom and Time and Revolution by Judiciary, as well as the million-copy worldwide best-selling novel, The Interpretation of Murder, and last year’s The Death Instinct. Rubenfeld is a frequent television commentator and op-ed writer on constitutional law, criminal law, privacy, copyright, and legal issues surrounding the war on terrorism.
Stephen Schulhofer, the Robert B. McKay Professor of Law at New York University School of Law, is one of the nation’s most distinguished scholars of criminal justice. He has written more than 50 scholarly articles and seven books, including the leading casebook in the field, as well as Unwanted Sex: The Culture of Intimidation and the Failure of Law (2000), recently described in the New York Times as “one of the most important books on rape law published in the past 20 years.” Schulhofer currently serves as the reporter for the American Law Institute’s project to revise the sexual offense provisions of the Model Penal Code. Previously, Schulhofer held professorships at UPenn Law School and the University of Chicago Law School, where he was director of the Center for Studies in Criminal Justice. Before beginning his academic career, he clerked for U.S. Supreme Court Justice Hugo Black and practiced law.
Jeannie Suk is a professor of law at Harvard Law School, with expertise in criminal law and procedure, sexual assault, and Title IX. She has published three books, including At Home in the Law: How the Domestic Violence Revolution is Transforming Privacy, which was awarded the Law and Society Association's Herbert Jacob Prize for the best law and society book of the year. She is a member of the American Law Institute and an Adviser for its revision of the Model Penal Code on sexual assault and related offenses. She serves on the Board of Directors of the Asian Task Force Against Domestic Violence. She has been a Guggenheim Fellow and a fellow of the MacDowell Colony. She was educated at Yale (BA), Oxford (DPhil), and Harvard Law School (JD), and was a law clerk to Justice David Souter on the Supreme Court of the United States.
The debaters take 30 seconds each to sum up their thoughts on where victims of sexual assault on college campuses are more likely to find justice: in the court system or in campus tribunals under Title IX.