71 Fla. L. Rev. F. 93 (2020)
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Florida Law Review ForumTitle IX

Abstract

#MeToo, #HimToo, #UsToo. Now more than ever before, American colleges and universities are taking a more active role in combatting sexual assault on their campuses. In response to schools’ victim-centered approaches, some students have brought lawsuits against their universities questioning the fairness of the adjudication process and specifically, the right to cross-examine their accuser. If schools are to continue to address sexual assault on campus and help victims of sexual assault, schools should ensure their campus adjudication proceedings are not only fair, but also effective in determining whether a sexual assault occurred. Cross-examination, an integral component of the American legal system, ensures the integrity of adjudication proceedings by extrapolating potential witness bias and developing facts essential to an adjudicator’s determination. Schools should implement a form of cross-examination available to both parties—the accuser and the accused—to ensure that university adjudication proceedings remain a viable option for student victims of sexual assault. 
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