needed to mandate the accused student’s separation from the
institution. A hearing may or may not produce the ability to
remedy the offense.
While this discussion is complex, institutions should
preliminarily investigate all complaints of sexual assault and
pursue appropriate initial remedies and accommodations as
indicated by the facts presented. Institutions must take the
complaint to a formal investigation when the potential for
repeat offenses, patterns, predation, and/or future violence
is real, and apply any remedies for the victim that can be
effective within the bounds of victim privacy. Victim privacy
should be breached only when a comprehensive investigation
and/or full formal resolution are required to prevent a future
reoccurrence of the violence. Then, a college or university
must take the actions needed to end the discrimination, prevent its future reoccurrence, and remedy the effects upon the
victim and the community. LE
Brett A. Sokolow is an attorney and managing partner with the National
Center for Higher Education Risk Management (NCHERM), a legal
consulting firm. Saundra K. Schuster is an attorney and partner at
NCHERM. She previously served as general counsel for Sinclair College
and as senior assistant attorney general for the State of Ohio, representing
public colleges and universities.
Find out how our Student Affairs in Higher Education graduate programs or Ph.D. in College and University Leadership can help you design on-campus experiences that make a difference in the lives of your students.
Sixteenth annual seminar
An intensive four-day seminar examining technology,
student life, and cyberspace
“ICPL continues to be the premier event for discussing IT
policy and law in higher education. It provides the opportunity
to interact with great minds in an intimate setting.”
Our focus this summer will be on students and technology.
We’ll explore a range of critical topics, including:
. an introduction to policy and law in cyberspace;
. approaches to student technology policy from a variety
of campuses;
. student–parent dialogs on technology and technology policy;
. Internet privacy and management of institutional information
in the electronic realm;
. the collision between security and privacy on campus networks;
. accessibility and other looming IT compliance requirements;
. what’s coming down the road from your legislators and
regulators in Washington; and
