Campus Sexual Assault - Constitutional Rights and Fundamental Fairness

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. This book is for members of the general public and students who want to understand the debate about sexual assault in American colleges.

List of contents

Introduction; Part I. The Need for Due Process: 1. The due process deficit and the importance of college adjudication; 2. Due process and the Constitution; 3. Due process and private universities; Part II. What Process is Due?: 4. Due process prior to the hearing; 5. Due process during and after the hearing; Part III. Substance and Solutions: 6. Sexual assault and affirmative consent; 7. Affirmative consent and the Constitution; 8. The empirical claims for affirmative consent; 9. Moving forward.

About the author

Evan Gerstmann is Professor of Political Science at Loyola Marymount University, California. He is a widely cited, widely reviewed scholar of constitutional law. His work on same-sex marriage has been cited by courts, law reviews, and scholarly journals.

Summary

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. This book is for members of the general public and students who want to understand the debate about sexual assault in American colleges.

Product details

• Authors: Evan Gerstmann, Evan (Loyola Marymount University Gerstmann, Gerstmann Evan
• Publisher: Cambridge University Press ELT
• Languages: English
• Product format: Paperback / Softback
• Released: 30.11.2018
• EAN: 9781108709316
• ISBN: 978-1-108-70931-6
• No. of pages: 244
• Subjects: Humanities, art, music > Education > Education system; Social sciences, law, business > Political science > Political science and political education; USA, POLITICAL SCIENCE / American Government / General, United States of America, USA, Educational strategies & policy, Higher education, tertiary education, Constitution: government & the state, Colleges of higher education, Constitution: government and the state, Criminal law: offences against the person, Offences against the person, Educational strategies and policy, Constitutional & administrative law, Constitutional and administrative law: general, Education law, Education & the law