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Campus Due Process Enjoys Strong Support from the Public At Large

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Campus Due Process Enjoys Strong Support from the Public At Large

SAVE

June 22, 2021

From 2015 to 2020, five national public opinion polls were conducted to gauge the level of public support for campus due process. Following is a summary of these polls, in reverse chronological order:

  1. A YouGov poll commissioned by SAVE surveyed a representative sample of 2,806 persons on November 12-16, 2020:[1]

Percent of respondents who agreed:

  • Students accused of crimes on college campuses should receive the same civil liberties protections from their colleges that they receive in the court system: 68%
  • Students accused of sexual assault on college campuses should be punished only if there is clear and convincing evidence that they are guilty of a crime: 75%
  • Students accused of sexual assault on college campuses should have the right to know the charges against them before being called to defend themselves: 80%
  • Allegations of sexual assault on campus should be primarily handled by the state or local police: 68%

A secondary analysis according to party affiliation revealed similar levels of support among Democrats and Republicans.[2] The survey used the same questions and methods as the 2017 poll conducted for the Bucknell Institute for Public Policy — see 5. below.

  1. A national survey conducted May 20-25, 2020 by a Fairleigh Dickinson University Poll of 1,003 adults asked, “Assume you or someone you loved reported being sexually assaulted while attending a college or university. Please tell me if you would favor or oppose each of the following:” [3]
  • “A live court-room style hearing for the accused and accuser to meet and cross examine each other and any witnesses with the assistance of attorneys.” 62% of respondents favored, 31% opposed, 7% didn’t know
  • “The opportunity for the accused and accuser to cross examine each other and any witnesses remotely with the assistance of attorneys so that they would not have to be face to face.” 67% of respondents favored, 28% opposed, 5% didn’t know, 1% refused.
  1. A 2018 survey of 2,225 undergraduate students sponsored by the Foundation for Individual Rights in Education found widespread support for due process in sexual assault cases:[4]
  • 80% support the presumption of innocence
  • 68% support cross-examination
  • 72% support a unanimous decision required for expulsion
  1. A Rasmussen poll conducted in September, 2017 found that 73% of American adults agreed with the statement, “Every survivor of sexual misconduct must be taken seriously. Every student accused of sexual misconduct must know that guilt is not predetermined.” Six percent disagreed, and 20% were not sure how they felt about the statement.[5]
  2. A poll by the Bucknell Institute for Public Policy conducted July 25-August 1, 2017 of 1,200 persons reported these results:[6] Percent of respondents who agreed:
  • Students accused of crimes on college campuses should receive the same civil liberties protections from their colleges that they receive in the court system: 67%
  • Students accused of sexual assault on college campuses should have the right to cross-examine their accusers: 61%
  • Students accused of sexual assault on college campuses should be punished only if there is clear and convincing evidence that they are guilty of a crime: 71%
  • Students accused of sexual assault on college campuses should have the right to know the charges against them before being called to defend themselves: 81%
  • Allegations of sexual assault on campus should be primarily handled by the state or local police: 69%

In conclusion, due process and fairness are not partisan issues. They are quintessentially American values.

Citations:

[1] SAVE (Nov. 16, 2020), YouGov Poll on Campus Due Process. https://www.saveservices.org/wp-content/uploads/2020/11/YouGov-Poll-on-Campus-Due-Process-11.16.2020.xlsx

[2] SAVE (Nov. 18, 2020), YouGov Poll with Political Party Identification. https://www.saveservices.org/wp-content/uploads/2020/11/YouGov-Poll-with-political-party-identification-11.18.2020.xlsx

[3] Fairleigh Dickinson University (June 29, 2020), Americans Unsure About Title IX Changes to Colleges and Universities but Support Fairness and Consistency. https://view2.fdu.edu/publicmind/2019/200629/index.html

[4] FIRE (June 2018), Proceeding Accordingly: What Students Think about Due Process on Campus. https://www.thefire.org/research/publications/student-surveys/student-attitudes-due-process-survey/

[5] Rasmussen Reports (Sept. 13, 2017), Most Americans Agree With DeVos on Sexual Misconduct on Campuses. https://www.rasmussenreports.com/public_content/politics/current
_events/social_issues/most_americans_agree_with_devos_on_sexual_misconduct_on_campuses

[6] Bucknell Institute for Public Policy (Sept. 2017), Perceptions of Higher Education Survey – Topline Results. http://bipp.blogs.bucknell.edu/files/2017/09/BIPP-Higher-Ed-Toplines.pdf