ALI Student Sexual Misconduct Black Letter Now Available
At ALI’s 2022 Annual Meeting, members of the American Law Institute voted to approve the principles of the law, Student Sexual Misconduct: Procedural Frameworks for Colleges and Universities. The project black letter has been revised based on discussions at the meeting* and is now available for download.
This subject concerns sources of law which are constantly evolving. In recent years, the legal landscape facing colleges and universities has changed dramatically, due to new case law, new state and federal legislation, and evolving federal guidelines and regulations that continue to evolve. today.
The project was launched in 2015, led by journalist Vicki C. Jackson of Harvard Law School and associate journalist Suzanne B. Goldberg of Columbia Law School. Professor Goldberg resigned from the Principles Project in January 2021 after joining the Biden administration as Deputy Undersecretary for Strategic Operations and Outreach in the US Department of Education’s Office of Civil Rights. Professor Jackson resigned as a journalist in December 2021, becoming a consultant for the project. In October 2021, Professor E. Thomas Sullivan, President Emeritus and Professor of Law and Political Science at the University of Vermont was appointed as rapporteur, after having served for a long time as an adviser to the project.
The scope of inquiry of these Principles relates to procedural matters for responding, investigating, and resolving allegations of misconduct, rather than the efforts that should be made to help prevent such occurrences through measures affecting the general campus environment. , or the substantive standard that should apply to the conduct at issue. The draft does not address the correct substantive definitions of prohibited conduct in colleges and universities.
The provisional draft presented and approved by ALI members includes the full draft, which is divided into 10 chapters: first principles for procedural frameworks; Notice and clarity of policies; Coherence of implementation; support and interim measures; reporting sexual assault and related misconduct; inquiries and investigations; Informal resolution of reports and complaints of sexual misconduct; Formal resolution of complaints of sexual misconduct; Punishments; Calls; Integrity of the process: confidentiality, disclosure, misrepresentation, retaliation; and internal student discipline and the criminal justice system.
Download the black letter now.
*After approval at the Annual Meeting, the rapporteur, under the supervision of the director, prepares the official text of the Institute for publication. At this stage, rapporteurs are authorized to correct and update citations and other references, to make editorial and stylistic improvements and to implement any remaining substantial changes agreed upon in discussions with members and the Board, or by motions approved at the annual meeting.