Challenges With College Sexual Misconduct Complaints Aired

Oct. 29, 2021, 5:11 p.m. ·

College officials testify at hearing Friday (Photo by Fred Knapp, Nebraska Public Media News)
College officials testify at hearing Friday (Photo by Fred Knapp, Nebraska Public Media News)

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The process for hearing complaints about sexual misconduct on college campuses can be intimidating for people who complain and time-consuming for officials, the Legislature’s Education Committee heard Friday.

The Education Committee heard testimony Friday on how complaints of sexual misconduct at Nebraska colleges are handled under the federal law known as Title IX.

Kathy Ault, Title IX coordinator for Western Nebraska Community College, said the required hearing process is the biggest barrier to people coming forward with complaints

“If somebody has been abused or assaulted, the last thing they want to do is come and tell me, and then tell the investigators, and then have to go into a hearing and be cross-examined by the respondent,” Ault said.

And Ault said handling a formal complaint, between investigators, advisors, decisonmakers and hearing officers, can take up to 10 people, a substantial burden for a small community college.

The Poynter Institute, a journalism education organization, says many complaints are resolved informally, with students moving to new dorms or changing class schedules so they don’t encounter each other.

The Trump Administration raised the standard of proof schools must use to determine sexual misconduct; those changes are now being reconsidered by the Biden Administration.