Sexual assault on college campuses has drawn tremendous public
attention and colleges are under great pressure to respond. In many
cases, the result has been a system of sexual assault tribunals
that violates the rights of alleged assailants and assault
survivors. Gerstmann shows how colleges are often punishing
students as sex offenders without a fair hearing and are defining
sexual offenses in an unconstitutionally broad manner. Using
unbiased and accessible language, this book avoids easy answers and
asks: how are colleges failing to assess accusations in a fair
manner? Why are 'affirmative consent' laws unconstitutional? How
can we do a better job preventing sexual assault? The author argues
that colleges are too often making poor choices in terms of how
they respond to allegations of sexual assault and, in doing so,
they are depriving students of due process, while failing to
protect victims of assault.
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