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The Champion

November 2015 , Page 07 

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Inside NACDL: Due Process Crisis on Campus: An Isolated Phenomenon or a Harbinger of More Overcriminalization?

By Norman L. Reimer

Read more Inside NACDL columns.

It is not often that The Champion addresses potential flaws in civil proceedings. But this month’s article by Charles Sevilla, Campus Assault Allegations, Adjudications, and Title IX, has special relevance for the criminal defense bar. First and foremost, these proceedings are often accompanied by parallel criminal proceedings, and thus it is common for accused students and their families to seek criminal defense counsel. Second, there is a real risk that some of the concerns highlighted by Mr. Sevilla may potentially leach into criminal codes, ushering in a wave of overcriminalization of unimaginable proportion.

Until recent years, campus allegations of sexual misconduct that rose to the level of criminal behavior were generally not adjudicated in the college setting until the criminal investigation concluded. While interim sanctions and protective measures may have been put in place, final adjudication of the campus misconduct allegation would follow the criminal pro

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