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Some legal experts, including the federal and state judges deciding the cases, say that “the flurry of recent successes for disciplined students may show how some colleges and universities are eliminating basic procedural protections in an attempt to combat campus sexual assault.” Samantha Harris director of policy research at the Foundation for Individual Rights in Education, told a reporter at that defending these cases is “a rapidly emerging area of law. There has also been an increase in the number of pre-trial settlements, including those at the University of Colorado at Boulder, Xavier in Ohio, and Swarthmore.
The court ruled that, by reporting the sex-abuse charges in his educational records, Gonzaga had violated the his privacy and civil rights.
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In its negligence to ensure that the rights of accused students are protected, the Safe Transfer Act appears to violate the Family Educational Rights and Privacy Act.
Speier warns that her bill would ensure that the students would “no longer be able to walk away from campus with a clean academic bill of health.” In many Title IX cases, accused students are not given due process, but Speier seems to assume that campuses provide them a fair hearing.