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66 Emory L.J. 1175 (2016-2017)
The Threat of Expulsion as Unacceptable Coercion: Title IX, Due Process, and Coerced Confessions

handle is hein.journals/emlj66 and id is 1206 raw text is: THE THREAT OF EXPULSION AS UNACCEPTABLE COERCION: TITLE IX, DUE PROCESS, AND COERCED CONFESSIONS ABSTRACT The nation's recent focus on the prevalence of sexual assault has rightfully prompted colleges and universities to take a second look at their sexual assault policies. Bringing justice to those who have committed sexual assault, and violated schools' codes of conduct, is worthy. However, one concern is that the pendulum has swung too far to the left. Schools have instituted stricter policies without considering the due process rights of the accused Problematically, the statements made by the accused, under limited due process safeguards, can be used in criminal proceedings. This Comment argues that it is unconstitutional to admit in a state criminal proceeding statements that were made by students accused ofsexual assault in a college disciplinary hearing. Specifically, it posits that such statements can be considered coerced confessions in violation of due process. This Comment pays particular attention to the lack ofsafeguards present in the college disciplinary process for adjudicating sexual misconduct. Pressure from the Obama Administration for colleges and universities to transform their sexual assault response procedures ushered in sweeping changes that paid little attention to the accused student's due process rights. This approach to college sexual misconduct policies, while valuable for victim protection purposes, is troublesome when the accused student is facing, or will later face, criminal charges. This Comment argues that the threat of expulsion used by college officials to elicit statements from an accused student is coercion that becomes unconstitutional when a prosecutor seeks to admit the statements into evidence in a criminal case.

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