Tag Archives: double jeopardy

Double Jeopardy for the Accused at Duke

Some colleges seem so eager to find males culpable of sexual offenses that they insert a provision in campus student-discipline rules allowing a form of double jeopardy. Ron Gronberg reported yesterday in the Durham Herald-Sun that Duke University changed the  wording in the Duke Community Standard in Practice (P.47).  Gone is the right of the  appeals panel to throw out a case against the accused on appeal. Now such a case will revert to the Office of Student Conduct, which can opt to continue the case, despite the finding in favor of the accused.

Gronberg reports: “On its face, the wording sets up the theoretical possibility a student could be accused of misconduct, be found responsible, appeal, win on appeal and then face a never-ending string of new hearings, new findings, and new appeals.”