Bill Cosby's sexual assault trial has drawn battles lines all over Hollywood. But now, the battle is reaching higher education and Howard University in Washington, D.C.

The Cosby Case

In September of 2018, a Pennsylvania jury convicted Bill Cosby of drugging and assaulting Andrea Constand. Constand was a Temple University professor and Cosby's friend who claimed he drugged her and assaulted her in 2004. More than 60 women have come forward with similar accusations against Cosby, but a jury only convicted Cosby of Constand's assault.

In June of this year, the Pennsylvania Supreme Court overturned Cosby’s conviction, ruling that promises a district attorney had made not to prosecute him in the Constand case to get him to give deposition testimony in a civil case precluded the Commonwealth of Pennsylvania from prosecuting Cosby.

Phylicia Rashad and Howard University

When the court released Cosby from jail on June 30, 2021, Howard University's dean of fine arts and former actress, Phylisha Rashad, tweeted, “FINALLY!!!! A terrible wrong is being righted- a miscarriage of justice is corrected!” Phylicia Rashad played Cosby's on-screen wife on “The Cosby Show.” Her tweet ignited a firestorm of criticism, with many saying her comments were insensitive to sexual assault victims. Critics noted that her role as dean at the University requires her to hold perpetrators of sexual assault at the school accountable and to be understanding of victims.

Rashad's comments also put a spotlight on Howard University's handling of on-campus sexual assault cases. Over the last decade, students at Howard have criticized the school and its failure to take action over alleged assault cases. Several women sued Howard in federal court. Rashad's tweet increased the criticism Howard faced in recent years.

In the wake of the Cosby controversy, Howard followed up with a statement saying, “victims must be heard and believed.” Following Howard University's apology, Rashad tweeted again, backtracking a bit from her remarks but not retracting her support for Cosby.

"I fully support survivors of sexual assault coming forward. My post was in no way intended to be insensitive to their truth. Personally, I know from friends and family that such abuse has lifelong residual effects. My heartfelt wish is for healing."

Balance in College Sexual Assault Cases

The Cosby case, Rashad's vocal support for him, and the backlash faced by Howard demonstrate the fine line universities must walk when handling sexual assault cases. Schools must be responsive to victims and offer investigations and justice for victims. At the same time, they also must protect the due process rights of accused perpetrators and be scrupulously fair neutral arbitrators for both parties.

If you're facing misconduct allegations on campus, call 888-535-3686 to schedule a consultation or contact the LLF Law Firm online.