109A AMERICAN BAR ASSOCIATION COMMISSION ON DOMESTIC & SEXUAL VIOLENCE REPORT TO THE HOUSE OF DELEGATES RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLVED, That the American Bar Association urges the federal government to adopt legislation and appropriate full funding to support the U.S. Department of Education Office for Civil Rights, in support of its efforts to enforce Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.) and other activities designed to promote access to education free from gender-based violence; FURTHER RESOLVED, That the American Bar Association urges colleges and universities handling intimate partner violence, stalking, and sexual assault allegations in campus administrative hearings to create and maintain fair and just hearing processes that adhere to due process and sound evidentiary principles; FURTHER RESOLVED, That the American Bar Association urges colleges and universities to strictly adhere to the spirit and principles of victim privacy, confidentiality, and autonomy, as described in Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. §1092(f)), and disapproves the use of universal mandated reporting of abuse by campus employees or students; FURTHER RESOLVED, That the American Bar Association urges colleges and universities to develop and maintain working relationships with state and local civil and criminal justice systems and community-based victim resources (such as rape crisis centers, domestic violence support groups, crime victim services, or independent counseling services), and to provide complainants with direct referrals to, but not mandate participation with, these resources; FURTHER RESOLVED, That the American Bar Association urges colleges and universities to allow the use of attorneys and legal advocates for complainants and alleged perpetrators at all stages of the campus hearing process, and urges attorneys to provide such services pro bono; FURTHER RESOLVED, That the American Bar Association urges law schools to provide pro bono assistance to complainants and alleged perpetrators in campus administrative hearings and processes, and to provide assistance to university administration with the creation or revision of such processes. 109A REPORT Introduction Intimate partner violence, stalking, and sexual assault are rampant on United States campuses. The most widely used statistic indicates that approximately one out of five women will be sexually assaulted while attending a college or university.1 Nearly half of female victims (47%) and more than one-third of male victims (39%) are between 18 and 24 years of age when they first experience violence by an intimate partner.2 Over 37% of female victims and 27% of male victims are between 18 and 24 years of age when they first experience stalking victimization.3 While not all college-age victims attend college or university, under Title IX of the Education Amendments of 1972, colleges and universities have a unique obligation to keep their communities safe from gender-based violence.4 Outside of college and university campuses, there are two legal approaches for handling genderbased violence: civil or criminal courts. On campuses, a third option is available: the campus administrative hearing. Though not a legal process, the campus hearing is a quasi-judicial proceeding because of the nature of the complaint and the ramifications for both the complainant and the alleged perpetrator. Each campus has its own internal grievance process and array of punishments and protections if the proceedings result in a finding against the alleged perpetrator. There are a variety of reasons why a victim of gender-based violence might chose to initiate a campus administrative hearing, in lieu of, or in addition to, traditional legal proceedings. Avoiding the disruption, expense, and emotional turmoil of a legal proceeding might be one reason. Also, campus hearings have the unique advantage of being able to offer campus-specific remedies that may be more suitable and appealing to the complainant, such as permission to drop a class or withdraw altogether without penalty, to change dorm rooms or parking spaces, to alter a class or dining schedule, or even to seek expulsion of an offender. Campus administrative hearings are recommended and regulated by existing federal civil rights laws like Title IX; however, campuses may be ill-prepared to address such serious allegations as rape, stalking or dating violence in administrative proceedings which have traditionally addressed matters such as academic dishonesty and class pranks. The harshest punishment of expulsion has significant collateral economic consequences for the alleged perpetrator. Additionally, the grievance proceeding can re-traumatize the complainant if not conducted in accordance with established best practices. While colleges and universities continue handling gender-based violence complaints through these quasi-judicial proceedings, the American Bar Association urges all campuses to utilize legal best practices to ensure fairness, due process, and justice. 1 Christopher P. Krebs, Ph.D., Christine H. Lindquist, Ph.D., Tara D. Warner, M.A., Bonnie S. Fisher, Ph.D., & Sandra L. Martin, Ph.D., The Campus Sexual Assault (CSA) Study, U.S. Department of Justice, (December 2007). 2 Centers for Disease Control and Prevention, An Overview of Intimate Partner Violence in the United States — 2010 Findings, (2014). 3 Matthew J. Breiding et al., Prevalence and Characteristics of Sexual Violence, Stalking, and Intimate Partner Violence Victimization – National Intimate Partner and Sexual Violence Survey, United States, 2011, Centers for Disease Control and Prevention Morbidity and Mortality Weekly Report, Vol. 63, No. 8 (2014). 4 For the purposes of this policy, gender-based violence encompasses sexual harassment, sexual violence, intimate partner violence, and stalking. 1 109A Rules of Law The following are enacted federal laws that address and/or affect campus gender-based violence. Title IX Title IX of the Education Amendments of 1972 prohibits sex discrimination and states the following:5 No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Pursuant to Title IX, colleges and universities that receive federal funding cannot discriminate on the basis of sex.6 Sexual harassment, sexual violence, intimate partner violence, and stalking are forms of sex-based discrimination.7 Furthermore, federally-funded schools must ensure that all students are able to participate in and/or benefit from educational programs and activities, and are not denied that opportunity on the basis of sex.8 Gender-based violence creates a hostile environment on campus that “interferes with the student’s ability to participate in and benefit from the school’s program.”9 In order to maintain Title IX compliance, colleges and universities must respond promptly and effectively to address gender-based violence once the school knows or should know that the violence is occurring on campus. Regardless of a complaint filed by a student, if the school should have known about gender-based harassment and/or violence on campus, it must promptly investigate to determine what occurred and take appropriate steps to respond. Title IX, enforced through the Department of Education’s Office for Civil Rights, requires that colleges and universities have the following procedures in place: publish and distribute a policy against sex discrimination; have a Title IX coordinator who oversees all complaints of sex discrimination; and have and make known the procedures for students to file complaints of sex discrimination.10 5 20 U.S.C.A. § 1681. Title IX is not limited to just colleges and universities, but includes any school that receives any federal financial assistance. 7 20 USCS § 1681. 8 Dep’t of Educ., Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence, (last visited April 29, 2014), http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf. 9 Id. 10 Dep’t of Educ., Office for Civil Rights, Know Your Rights: Title IX Prohibits Sexual Harassment and Sexual Violence Where You Go to School, (last visited February 5, 2015), http://www2.ed.gov/about/offices/list/ocr/docs/title-ix-rights-201104.pdf. 6 2 109A Clery Act The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (Clery Act)11 requires that all institutions receiving Title IV student financial aid funding do the following: publish an Annual Security Report (ASR); maintain a public crime log; disclose crime statistics for incidents that occur within defined geography; report on crimes in seven major categories; issue timely warnings about Clery Act crimes; devise an emergency response, notification and testing policy; compile and publish an annual fire safety report; 12 enact policies and procedures to handle reports of missing students. Included in the major crime categories are sexual violence, dating violence, domestic violence, and stalking.13 The Campus Sexual Assault Victims’ Bill of Rights is a 1992 amendment to the Clery Act and requires the following: Survivors shall be notified of their options to notify law enforcement; accuser and accused must have the same opportunity to have others present; both parties shall be informed of the outcome of any disciplinary proceeding; survivors shall be notified of counseling services; and survivors shall be notified of options for changing academic and living situations.14 The Clery Act is a separate and different requirement from the requirements of Title IX. Although Title IX and the Clery Act do not conflict, requirements for school compliance with the Clery Act and Title IX differ. For example, the Clery Act governs reporting requirements of certain criminal acts that occur on or near campus or campus property; therefore Clery does not require the reporting of sexual harassment. Under Title IX, sexual harassment is considered a form of sex-based discrimination and can trigger federal protections and requirements. The Clery Act strives to promote campus safety and crime prevention while Title IX addresses and promotes equal opportunities by prohibiting discrimination on the basis of sex. Because the Clery Act and Title IX both address sexual violence, it is important to understand a school’s complete responsibility as it relates to their respective requirements. Campus Sexual Violence Elimination (SaVE) Act In March 2013, the Campus Sexual Violence Elimination (SaVE) Act was signed into law under the Violence Against Women Reauthorization Act of 2013. Campus SaVE further amended the Clery Act and expanded it to include additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking. In many ways, Campus SaVE codified key 11 20 U.S.C.A. § 1092(f). Clery Center for Security on Campus, Summary of the Jeanne Clery Act, (last visited February 5, 2015), http://clerycenter.org/summary-jeanne-clery-act. 13 Dating violence, domestic violence, and stalking were added for the first time in 2013, pursuant to the Campus Sexual Violence Elimination Act, discussed below. 14 Clery Center for Security on Campus, The Federal Campus Sexual Assault Victim’s Bill of Rights, (last visited February 5, 2015), http://clerycenter.org/federal-campus-sexual-assault-victims%E2%80%99-bill-rights. 12 3 109A elements of a Dear Colleague: Sexual Violence guidance letter released by the Department of Education Office for Civil Rights (“OCR”) in April 2011. Many of the requirements are rooted in the law or trigger the principles of fairness grounded in constitutionally-protected rights of due process. Campus SaVE requires that institutions receiving Title IV student financial aid provide students the following information: a statement of policy regarding procedures that will be followed once an incident of domestic violence, sexual assault, or stalking has been reported including the standard of evidence that will be used during any institutional conduct proceeding arising from such report; information in writing about the importance of preserving evidence; to whom the alleged offense should be reported; options regarding law enforcement and campus authorities, including notification of the victim’s option to notify law enforcement (on-campus and local police); the option to decline to notify such authorities, and, where applicable; and the rights of victims and the institution’s responsibilities regarding orders of protection. Additionally, Campus SaVe requires that procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault and stalking include a clear statement that proceedings shall: provide a prompt, fair, and impartial investigation and resolution; be conducted by officials who receive annual training on issues related to domestic violence, dating violence, sexual assault, and stalking, and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; protect the confidentiality of victims and explain how; provide written notification of students about existing counseling, health, mental health, advocacy, legal assistance, and other services available for victims on-campus and in the community; and provide written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if requested by the victim and such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. The accuser and the accused are entitled to the same opportunity to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. Both the accuser and the accused shall be simultaneously informed, in writing, of the outcome of the institutional disciplinary proceeding; the institution’s procedures for the accused and the victim to appeal the results; any change in the results that occurs prior to the time the results become final; when the results become final. 4 109A Campus Administrative Hearings: Federal Requirements and ABA Recommendations Funding: The Department of Education Office for Civil Rights (“OCR”) is charged with removing barriers to students’ full participation in every facet of educational life. OCR is responsible for ensuring equal access to education by enforcing federal civil rights laws and implementing regulations that prohibit discrimination on the basis of race, color, national origin, sex, disability, and age in all educational programs or activities that receive federal financial assistance. As of April 6, 2015, 106 colleges and universities were under investigation for alleged Title IX violations.15 Some schools have multiple violations and therefore, the number of investigations is at 113.16 The number of investigations nearly doubled over a one-year span and is likely to continue to rise. In order to properly and promptly investigate the current allegations of Title IX violations, as well as future allegations, the Office for Civil Rights (“OCR”) requires adequate funding. Recommendation: That the American Bar Association urges the federal government to adopt legislation and appropriate full funding to support the U.S. Department of Education Office for Civil Rights, in support of its efforts to enforce Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.) and other activities designed to promote access to education free from gender-based violence. Due Process, Fairness, and Justice: Campus administrative hearings are internal and non-legal, but that does not exempt them from the need to be unprejudiced, transparent, and just. Over centuries of practice, the U.S. legal system has evolved tested principles of due process and evidentiary soundness which can and should inform the campus hearing process, without imposing unrealistic expectations of legalism on lay practitioners. For example, the OCR finds the following elements critical for Title IX compliance: Notice to students of the grievance procedures; Application of the grievance procedures to complaints filed by students or on their behalf alleging gender-based violence carried out by employees, other students, or third parties; Provisions for adequate, relatable, and impartial investigation of complaints, including the opportunity for both the complainant and alleged perpetrator to present witnesses and evidence; Designated and reasonably prompt time frames for the major stages of the complaint process; and Written notice to the complainant and alleged perpetrator of the outcome of the complaint.17 15 Tyler Kingkade, Huffington Post, 106 Colleges Are Under Federal Investigation For Sexual Assault Cases, (last visited April 6, 2015), http://www.huffingtonpost.com/2015/04/06/colleges-federal-investigation-title-ix106_n_7011422.html. 16 Id. 17 Dep’t of Educ., Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence, (last visited April 29, 2015), http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf. 5 109A The aforementioned requirements are rooted in fairness and justice for both the complainant and the alleged perpetrator, beginning with notice of proceedings as well as having proceedings in a timely and fair manner. OCT also provides that the evidence must allow “adequate, reliable, and impartial investigation of complaints, including the opportunity for both parties to present witnesses and other evidence.”18 To maintain a high level of care and professionalism, campus administrative hearings on genderbased violence need to use the aforementioned evidentiary principles. Failure to do so could lead to the use of prejudicial evidence against the complainant or alleged perpetrator and can lead to a failure to adhere to due process. Recommendation: The American Bar Association urges colleges and universities handling gender-based violence allegations in campus administrative hearings to create and maintain fair and just hearing processes that adhere to due process and sound evidentiary principles. Privacy, confidentiality, autonomy: Rigorously maintaining victim privacy, confidentiality, and autonomy are core principles of successful gender-based violence intervention, and thus are reflected in the ABA Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases, adopted as ABA policy in August 2007.19 Recommendation: The American Bar Association urges colleges and universities to strictly adhere to the spirit and principles of victim privacy, confidentiality, and autonomy, as described in Title IX of the Education Amendments of 1972 (20 U.S.C. §1681 et seq.) and the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C. §1092(f)), and disapproves the use of universal mandated reporting of abuse by campus employees or students. Off-campus resources and referrals: After an incident, the campus might be the first and only point of contact that a victim may have. This gives the campus a unique opportunity to provide an array of resources to a victim. In cases of gender-based violence, empowerment is incredibly important. After a traumatic event where a victim may feel completely powerless, it is vital that the victim begin to feel and regain power, control, and agency over his/her own life. A good way to begin this process is by providing options and allowing the victim to come to his/her informed decision, without pressure or coercion. When dealing with campus gender-based violence, there are various community providers in addition to campus-based services. The usual service providers outside of the campus are the following: medical, legal, police, and advocacy based. Depending on the location of the campus, there may or may not be an accessible, local rape crisis organization. Dep’t of Educ., Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence, (last visited April 29, 2014), http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf. 19 ABA Standards of Practice for Lawyers Representing Victims of Domestic Violence, Sexual Assault and Stalking in Civil Protection Order Cases (2007). See, e.g., “Standard III.D.4. Confidentiality and Third-Party Privilege Issues,” and “Standard III.F.1. Client-Centered Representation.” 18 6 109A In order to provide the most comprehensive services, it is best that all of the professionals involved facilitate their response in order to improve overall responses for the victim. The most effective and comprehensive services are those that are coordinated. The aftermath of genderbased violence is beyond traumatic and additional interactions with service providers can add to the trauma. Each service provider functions to provide the victim with a specific service. For example, police officers want to enforce the law and keep communities safe. With this objective in mind, police officers might struggle with a victim who does not want to report. With a coordinated community-based response, an informed and trained police officer would understand the reasons why victims do not always report and might make it clear to the victim that he/she has this option available when he/she is ready. As with any traumatic event, repeating details of the event can cause the victim to re-experience the trauma. Particularly with gender-based violence, the constant repetition of answering similar questions might cause a victim to feel that the person investigating or inquiring does not find him/her credible. Coordinating responses, with the consent of the victim, can help alleviate this situation. The campus is often an insulated community. Its uniqueness has both advantages and challenges. Campuses can readily and easily provide services such as classroom changes and dorm room changes that perhaps, another community provider could not provide. However, students who wish to pursue a criminal case, receive counseling outside of the campus setting, or explore other options should have this information and other viable resource readily available upon contact with the school after a gender-based violence. Recommendation: The American Bar Association urges colleges and universities to develop and maintain working relationships with state and local civil and criminal justice systems and community-based victim resources (such as rape crisis centers, domestic violence support groups, crime victim services, or independent counseling services), and to provide complainants with direct referrals to, but not mandate participation with, these resources. Pro bono service: According to the Office for Civil Rights, if the school permits one party to have an attorney during a campus administrative hearing, the other party must have this same opportunity.20 However, the school need not permit attorneys at all. Attorney representation for both the complainant and the alleged perpetrator can only enhance the implementation of fairness since the very relationship between a client and attorney is a fiduciary one. However, the complainant and the alleged perpetrators might not be able to afford an attorney. With that in mind, an advocate from a community resource center or a law school might be a resource for assisting students during a campus gender-based violence disciplinary hearing. If a victim wants to know his/her civil legal options, it is best to refer to a pro bono attorney, Legal Aid office, law clinic, or local gender-based violence coalition. If a victim wants to know his/her criminal legal options, it is best to refer to a local police department. Part of creating an effective referral process is the existence of pre-existing relationships or clear communication on what services are available and who the best point of contact would be. 20 Id. 7 109A Recommendation: The American Bar Association urges colleges and universities to allow the use of attorneys and legal advocates for complainants and alleged perpetrators at all stages of the campus hearing process, and urges attorneys to provide such services pro bono; Special Relationship of Law Schools: Many law schools are connected to a larger university community, which includes undergraduate programs. Law school is different from most other educational programs since its focus is preparation for students to become licensed attorneys. There are ethical and professional requirements for becoming a licensed attorney because of the fiduciary relationship an attorney has with his/her client. Law school is the first step on this path and students often receive both theoretical and practical training while in law school. As future lawyers, law students attending a larger university have a special relationship with the undergraduate program. Campus SaVE requires that schools use trained officials for campus disciplinary hearings addressing gender-based violence. In addition to this, law students can assist with these hearings, particularly when addressing matters that stem from the Federal Rules of Evidence. Law students, with their fresh knowledge and access to legal research resources, have a special responsibility to assist their immediate community with addressing gender-based violence on campus. Moreover, law schools have faculty expert in civil and criminal process, Constitutional law, the Federal Rules of Evidence, and other relevant areas of law. These faculty members may be useful to the larger university in creating or revising its administrative procedures for adjudicating gender-based violence. Recommendation: The American Bar Association urges law schools to provide pro bono assistance to for complainants and alleged perpetrators in campus administrative hearings and processes, and to provide assistance to university administration with the creation or revision of such processes. Conclusion Through Title IX, campuses are empowered to internally handle gender-based violence complaints. In some ways, campuses are able to offer campus-specific services such as classroom and dorm room changes with ease, that perhaps a judge might not be able to order. Additionally, campus hearings may offer an avenue for adjudication less intimidating to victims than a court of law, should a victim not wish to pursue civil and/or criminal remedies, as well. However, gender-based violence is a devastating crime with serious legal consequences in both criminal and civil courts. Campus administrative hearings are not judicial, yet the very handling of gender-based violence cases places those who hear these cases in a quasi-judicial capacity. Many schools consider the finding of gender-based violence to be a violation of the school’s honor code, the result of which can be expulsion for the offender. Even the Department of Education relies on pillars of the law including due process and the presentation of evidence in an adversarial context. Campus administrative hearings must have a high level of care and professionalism, due to the allegations, the possible disciplinary actions, and the uniqueness of campus community. The aforementioned resolutions can help ensure justice and fairness for gender-based violence victims and alleged perpetrators. 8 109A Respectfully Submitted, Angela Vigil, Chair ABA Commission on Domestic & Sexual Violence August 2015 9 109A GENERAL INFORMATION FORM Submitting Entity: Commission on Domestic & Sexual Violence Submitted By: Angela Vigil, Chair 1. Summary of Resolution(s). The Resolution seeks to address domestic violence, dating violence sexual assault and stalking on campuses by: urging adequate funding for the federal offices charged with enforcing Title IX; urging campuses to implement administrative hearing processes that adhere to due process; urging campuses to respect legal principles of privacy, confidentiality and autonomy; urging campuses to offer referrals to off-campus resources, without mandating participation; and finally, urging lawyers and law schools to offer pro bono service in this area. 2. Approval by Submitting Entity. The Commission voted to support the resolution and report on May 4, 2015. 3. Has this or a similar resolution been submitted to the House or Board previously? No 4. What existing Association policies are relevant to this Resolution and how would they be affected by its adoption? None. 5. If this is a late report, what urgency exists which requires action at this meeting of the House? n/a 6. Status of Legislation. (If applicable) n/a 7. Brief explanation regarding plans for implementation of the policy, if adopted by the House of Delegates. Upon adoption, the Commission on Domestic & Sexual Violence will work to offer training and technical assistance to campuses to help them in implementing the goals of this policy. 8. Cost to the Association. (Both direct and indirect costs) none 9. Disclosure of Interest. (If applicable) n/a 10. Referrals. Individual Rights and Responsibilities, Criminal Justice, Commission on Youth at Risk, Commission on Women, Commission on Sexual Orientation and Gender Identity, Center on Human Rights 11. Contact Name and Address Information. (Prior to the meeting. Please include name, address, telephone number and e-mail address) Vivian Huelgo, Chief Counsel, Commission on Domestic & Sexual Violence, 1150 Connecticut Avenue, NW, Suite 400, Washington, DC 20036, (202) 662-8637, vivan.huelgo@americanbar.org 10 109A 12. Contact Name and Address Information. (Who will present the report to the House? Please include name, address, telephone number, cell phone number and e-mail address.) Angela C. Vigil, Esq., Baker & McKenzie, LLP, Sabadell Financial Center, 1111 Brickell Avenue, Suite 1700, Miami, FL 33131, 305-789-8904, angela.vigil@bakermckenzie.com 11 109A EXECUTIVE SUMMARY 1. Summary of the Resolution The Resolution seeks to address domestic violence, dating violence sexual assault and stalking on campuses by: urging adequate funding for the federal offices charged with enforcing Title IX; urging campuses to implement administrative hearing processes that adhere to due process; urging campuses to respect legal principles of privacy, confidentiality and autonomy; urging campuses to offer referrals to off-campus resources, without mandating participation; and finally, urging lawyers and law schools to offer pro bono service in this area. 2. Summary of the Issue that the Resolution Addresses Outside of college and university campuses, there are two legal approaches for handling genderbased violence: civil or criminal courts. On campuses, a third option is available: the campus administrative hearing. Though not a legal process, the campus hearing is a quasi-judicial proceeding because of the nature of the complaint and the ramifications for both the complainant and the alleged perpetrator. Each campus has its own internal grievance process and array of punishments and protections if the proceedings result in a finding against the alleged perpetrator. There are a variety of reasons why a victim of gender-based violence might chose to initiate a campus administrative hearing, in lieu of, or in addition to, traditional legal proceedings. Avoiding the disruption, expense, and emotional turmoil of a legal proceeding might be one reason. Also, campus hearings have the advantage of being uniquely able to offer campusspecific remedies that may be more suitable and appealing to the complainant, such as permission to drop a class or withdraw altogether without penalty, to change dorm rooms or parking spaces, to alter a class or dining schedule, or even to seek expulsion of an offender. However, campuses may be ill-prepared to address such serious allegations as rape, stalking or dating violence in administrative proceedings which have traditionally addressed matters such as academic dishonesty and class pranks. The harshest punishment of expulsion has significant collateral economic consequences for the alleged perpetrator. Additionally, the grievance proceeding can re-traumatize the complainant if not conducted in accordance with established best practices. 3. Please Explain How the Proposed Policy Position will address the issue While colleges and universities continue handling gender-based violence complaints through these quasi-judicial proceedings, the American Bar Association urges all campuses to utilize legal best practices to ensure fairness, due process, and justice. 4. Summary of Minority Views None reported. 12