How much process is due?

“School Assault Policy Shifts,” The Wall Street Journal, November 1, 2018 A3.  New regulations to require students accused of sexual assault to have the right to cross-examine the accuser.

This involves Governance, Compliance, and Information.

Governance:  the government would require schools to investigate sexual assault claims in a certain way.  The government has the power of the purse, due to the amount of federal funding.

Information:  an accusation of assault is only a part of the story; only through cross-examination and other investigation can the decision maker decide whether the accusation and the (assumed) denial are sufficiently “believable” and “believed.”

Compliance: determining whether someone complied with the law or your policy requires some level of rigor.  How much evidence of a violation is required?


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Filed under Compliance, Compliance (General), Controls, Corporation, Culture, Duty, Governance, Information, Internal controls

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