Brett A. Sokolow, an attorney who serves as the executive
director of ATIXA and managing partner of NCHERM, a law and consulting firm
specializing in higher education risk management, recently explained how the
model works during a webinar.
“If you look across our entire society, you will find that
just about every entity but colleges and universities uses a form of civil
rights investigation procedures, so we really are the anomaly,” he said. Federal
case law has established that students must be given due process rights prior to being disciplined.
But too often, such cases devolve into episodes of he said/she said. That can
further traumatize the victim or victimize a wrongly accused individual. The civil
rights model ensures the rights of the accusing and accused party are roughly
in balance. “It’s not about creating parity but equity,” Sokolow explained. “If
we do something for one person, why not do it for the other?”
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