News & Events

Justin Dillon and Scott Bernstein in The Washington Post Declare That Changes in Common App for Colleges Do Not Go Far Enough

On Aug. 23, Justin Dillon and Scott Bernstein published an opinion piece in The Washington Post addressing the Common Application’s recent revision, which no longer requires applicants to college to disclose whether they have criminal records. The authors point out the disparity between removing that question but still asking about a student’s on-campus disciplinary history, a process that offers far less due process and far fewer protections for the accused than does the criminal justice system.

Referencing their deep experience defending clients facing Title IX claims, the authors question the reasonableness of asking about past accusations.

“If bad things that people are accused of doing in the past shouldn’t be relevant to a school’s evaluation of that student, then shouldn’t that apply with even more force when that finding is made without any due process rights and with the lowest burden of proof used to find facts in law?”

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