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- Title
#METOO AND THE PROCESS THAT’S DUE: SEXUAL MISCONDUCT WHERE WE LIVE, WORK, AND LEARN.
- Authors
Porter, Nicole Buonocore
- Abstract
The #MeToo movement has been instrumental in bringing attention to the pervasiveness of sexual harassment and sexual assault (collectively, sexual misconduct) in all walks of life and in all environments, including at work, school, home, and out in public. But the movement has also brought with it a great deal of confusion about how we define sexual misconduct and whether and when legal liability attaches. Part of the confusion can be blamed on the fact that at least three discrete areas of law can possibly apply to sexual misconduct—criminal law, Title VII (when the sexual misconduct takes place in the workplace), and Title IX (when the sexual misconduct takes place in schools and universities). Adding to that confusion, there are several inconsistencies between how these three areas of the law address issues surrounding sexual misconduct. The most prominent of these inconsistencies is the varied due process protections that apply depending on where the sexual misconduct takes place. This Article will discuss these inconsistencies and will address the issue of whether these differences can be justified. In the end, this Article concludes that the increased due process protection for Title IX cases (compared to Title VII cases) cannot be justified. Thus, it proposes a compromise response to answer the question—how much process is due?
- Subjects
METOO movement; SEXUAL harassment; SEXUAL assault; TITLE IX of the Education Amendments of 1972; CRIMINAL law
- Publication
University of Illinois Law Review, 2022, Vol 2022, Issue 2, p663
- ISSN
0276-9948
- Publication type
Article