Let me also point something out. It is more often than not the sad truth a person’s rights have to be long violated before they are vindicated. In fact, the entire body of constitutional jurisprudence was built on an edifice of individuals’ rights having been first violated. To the extent that a person’s due process rights are violated during a university proceeding, they are not barred from filing a civil suit — and several have done so, and won.
This creates a self-adjustment in the system. Universities have begun to drastically improve their investigatory process, and I agree that that is a good thing. And they’ve done so precisely to avoid lawsuits.
My original point was twofold and pretty minor. First, even investigations that address due process are not going to include the “rights” that you are pointing out (representation and confrontation), because these are rights that only apply to criminal prosecutions. Once again, these are not criminal prosecutions, and due process has never been held to necessarily include those two rights. Our entire artifice of civil law would completely collapse if there the case. And the second part of my point is that these allegations very, very rarely result in any discipline.
For example, until 2014 not one single person had been expelled from UVA for sexual assault. Similar numbers at virtually all universities. So while the problem of individuals’ due process rights being violated is a real one and should not be dismissed, it needs to also be pointed out that this is in fact a rare occurrence indeed.