One important issue The James G. Martin Center for Academic Renewal addresses is the protection of students’ due process rights on campus. 

Unfortunately, many students accused of non-academic misconduct (sexual or non-sexual) are often deprived of a fair hearing from campus officials. For example, unlike in a court of law where there needs to be a “clear and convincing” or “beyond a reasonable doubt” standard of evidence in order to find the accused guilty, college campuses can penalize, suspend, or expel a student based on the “preponderance of the evidence” standard. The use of this much lower standard of evidence means that campus officials only have to prove that “it is more likely than not” that misconduct occurred.

The Department of Education, under Education Secretary Betsy DeVos, has proposed new regulations that would require colleges and universities to provide important procedural safeguards, such as the right to cross-examine witnesses. But federal regulations can be changed by future administrations. That’s why the Martin Center encourages states to pass their own laws enshrining due process on college campuses.

Last year, the Martin Center endorsed a statement by the National Coalition for Men Carolinas, a nonprofit organization founded by the parents of college-aged men who had been falsely accused of sexual misconduct. The statement urged North Carolina lawmakers to pass legislation protecting due process. Although no legislative action was taken in 2019, the Martin Center will continue to call on state legislatures to stand up for due process in 2020.