Allegations of college sexual misconduct or Title IX violations should be taken seriously—and all parties involved should be able to access justice. Recently, ProPublica investigated allegations that Liberty University discouraged women from reporting sexual assault. The story mentions the fact that Liberty's student conduct policy forbids fraternization between members of the opposite sex because sexual intimacy should be reserved for marriage. The impact of religious beliefs on student codes of conduct is visible across the United States, and we're going to take a look at Baylor and Liberty University.

Former Liberty Investigator Now at Baylor

Elysa Bucci, one of the investigators named by ProPublica, currently works at Baylor University, where she has been since 2019. The Waco-Tribune Herald published a story linking Liberty University (founded by Jerry Falwell) and Baylor University (the largest Baptist University in the nation), as both have Sexual Conduct Policies in place that prohibit premarital sex. In the story, a Baylor spokesperson reiterated that, in fact, the two schools are not the same in their treatment of Title IX violations and sexual assault or harassment allegations.

In 2016, the Pepper Hamilton law firm investigated Baylor University and found that one of the contributing factors to their sexual assault scandal was the university's faith-based student conduct code which prohibited premarital sex, drinking, and drug use. Baylor University applied Pepper Hamilton's recommendations to their procedures and policies and updated certain aspects of their approach. As Cook notes in the Waco-Tribune Herald, since 2016, “Baylor has had an amnesty policy that states those who report sexual misconduct will not face disciplinary action for alcohol or drug use or for violating Baylor's sexual conduct policy.”

How Do Amnesty Policies Play Out?

Regardless of the university or college you attend, many universities have chosen to implement policies that offer students who report sexual assault amnesty for underage drinking. Baylor takes it a step further by extending its amnesty policy to also include premarital sex.

Baylor specifically states that they will not pursue disciplinary action for disclosure of alcohol or drugs with relation to a “good faith report or investigation” but that they may take non-disciplinary action. What is not clear from their policy is the order in which the disclosures occur. Does the report need to happen first? Or is it a situation where a student is caught in violation of the drinking policy, and then they decide to make a report of an alleged sexual assault?

It is wise to reduce the stigma or fear of retribution for students who need to report an assault, however, there is a danger that in doing so, the amnesty policy could be inappropriately exploited. It's important that universities and colleges take steps to also protect the rights of the accused, not just the individuals filing the reports.

Best Sexual Misconduct Attorney-Advisor

If you or a loved one is facing allegations of Title IX violations or sexual misconduct, you don't have to face them alone. Attorney Joseph D. Lento and the Lento Law Firm are here to fight on your behalf. Call us today at 888.535.3686 or contact us online.