Word: withnessed
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“Because they are professional lawyers, they have a professional sense of what ought to be pursued and what doesn’t necessarily apply to the case,” Howell says. “It’s their dedicated job to organize and follow through...
“Unwillingness may be expressed verbally or physically,” the handbook reads. The policy adds that sexual activity with a person “incapable of expressing unwillingness”—due to the influence of alcohol or drugs, for example—is...
Boes contrasts Harvard’s policy with that of Brandeis University, which defines sexual misconduct as any activity occuring without the “explicit” and “clearly communicated” consent of both parties involved, which shifts the burden of proof to the accused...
“There are moments when what the board is forced to do by Faculty rules feels incommensurate with the outcome I would like to see,” she says.
While some Ad Board members and other administrators worry that sanctions are not always given when they are warranted, some attorneys involved with the process and Faculty members say they are concerned that students accused of sexual assault are not being treated fairly.