Hailyn Chen, Emily Murphy on Sexual Misconduct and Due Process in Higher Education

Munger, Tolles & Olson LLP attorneys Hailyn J. Chen and Emily R.D. Murphy published an article in the Daily Journal on Oct. 28, 2014 titled “Sexual Misconduct and Due Process.”

The article discusses the struggle that academic institutions face in response to federal investigations for their handling of student sexual misconduct allegations. “The fire from both sides illustrates the difficulty universities face in navigating between two sets of legal obligations – on one side, obligations to complainants, imposed by Title IX of the Education Amendments of 1972, and on the other, obligations to the accused, imposed on public universities by the 14th Amendment’s due process guarantee…,” they write.

Ms. Chen and Ms. Murphy outline the due process that universities must provide and conclude that clear guidance has not yet been provided on whether measures implemented by academic institutions to satisfy Title IX obligations have violated due process. They predict that the debate over how to handle sexual misconduct allegations will not be over soon.

Ms. Chen is a litigator whose practice focuses on complex civil litigation, particularly in the areas of antitrust and intellectual property, as well as white collar criminal defense and government investigations.

Ms. Murphy is a litigator in the firm’s Los Angeles office. Prior to joining the firm, Ms. Murphy clerked for Judge Richard A. Paez of the U.S. Court of Appeals for the Ninth Circuit. She also worked as a law clerk in the Office of the Federal Public Defender for the Northern District of California.