Like the BYU report mentions, most universities have problems with implementation. How quickly do they need to move to remove? Does not moving quickly enough violate the right of the victim to be free from an environment where her assaulter is free to move about campus? Does moving too quickly violate his substantive due process rights?

In BYU's case, you could even argue that by allowing Title IX to communicate information about the accused to HCO, you create an end-round that bypasses Title IX altogether, since HCO can inflict basically the same punishment (expulsion) as Title IX. True, he'd be getting kicked out for having consensual sex rather than for sexual assault, but its a distinction with little difference. The timing of when the communication occurs b/w Title IX Office and HCO, the circumstances surrounding the communication, and the timeline for enforcing discipline all matter a great deal.