Due process protects the integrity of investigatory and disciplinary events. Given due process, anyone accused of misconduct can reasonably hope for a fair campus justice experience. They can expect timely notice about the allegations against them, a chance to tell their story, the ability to cross-examine witnesses, and more.

These opportunities can make a massive difference in the way a student misconduct case plays out.

Now, collegiate due process (and all it entails) is under attack in America. Unfortunately, lawmakers focused on campus safety are concentrating their legislative efforts elsewhere.

The Campus Accountability and Safety Act: Helpful or No?

In October 2022, lawmakers introduced the Campus Accountability and Safety Act (CASA). It's meant to combat sexual assault on college campuses — but will it make life safer for everyone involved in sexual assault allegations?

The protections appear lopsided. The Campus Accountability and Safety Act does less to protect due process and more to cater to people who may take advantage of the Title IX system to lash out at their peers.

If passed, CASA will require universities and colleges to provide investigatory and advisory support to alleged victims of sexual assault.

It does nothing to ramp up protections for due process or the systems that specifically protect all parties involved in a sexual misconduct case.

While CASA may work to protect apparent survivors of sexual violence, it fails to acknowledge that many Title IX complaints are frivolous or even false. Many Title IX cases rest on misunderstandings. There are even Title IX allegations filed out of jealousy, due to a grudge, or a misinterpretation of inciting events.

In these cases, CASA may give an unfair advantage to those filing Title IX claims — even if those claims are vague, illogical, or unverifiable.

Students facing Title IX and sexual misconduct proceedings may be frustrated and scared. Earlier this year, the U.S. government indicated that due process protections previously associated with Title IX are due for removal.

Lawmakers should seek to protect fair trials. Instead, they introduce CASA — not for the first time, but for the fifth.

Need to Protect Your Due Process Rights? Joseph D. Lento Can Help

Unfortunately, relying on your college to uphold its due process standards may not be strategic. Your school may not investigate allegations thoroughly or even give accused students a fair shot to keep their reputations clear.

That could make it seem like you're fighting a no-win battle.

That's where Joseph D. Lento can make a big difference.

If you seek skilled assistance with a strong defense, support as you and your student conduct your investigation, and a better chance of holding your school accountable to its own due process policies, contact Attorney Joseph D. Lento and the Lento Law Firm Student Defense Team today. The Lento Law Firm is ready to help, no matter where in the nation you are. Contact us online or call us at 888.535.3686 for more information!