Justice Ginsburg Criticizes Lack of Due Process on Campus

Jonathan Adler:

Rosen: There is a debate both among women and among men about what sort of behavior should be sanctionable, and one group is saying that it’s wrong to lump together violent behavior like Harvey Weinstein with less dramatic forms of sexual misconduct, and others say that all misconduct is wrong and should be sanctioned.

Ginsburg: Well, there are degrees of conduct, yes. But any time a woman is put in a position where she is inferior, subordinate, there should be—she should complain, she should not be afraid.

Rosen: What about due process for the accused?

Ginsburg: Well, that must not be ignored and it goes beyond sexual harassment. The person who is accused has a right to defend herself or himself, and we certainly should not lose sight of that. Recognizing that these are complaints that should be heard. There’s been criticism of some college codes of conduct for not giving the accused person a fair opportunity to be heard, and that’s one of the basic tenants of our system, as you know, everyone deserves a fair hearing.

Rosen: Are some of those criticisms of the college codes valid?

Ginsburg: Do I think they are? Yes.