DOE v MIAMI: Campus Due Process Case Goes Before 6th Circuit

The last two times a due process case came before the 6th Circuit, it was clear by the end of oral argument which side would prevail. But in November’s hearing for Doe v. Miami, the oral argument left the final outcome uncertain. This case appeared teed up to determine whether the 6th Circuit would adopt the 2nd Circuit’s important standard in the Columbia decision, which makes it harder for judges to dismiss Title IX complaints by accused students. But the judges scarcely engaged with that issue, focusing more attention on procedural due process, questions of selective enforcement under Title IX, and the factual specifics of the case…In perhaps the most intriguing section of the hearing, Judge Moore noted how the severity of a sexual assault guilty finding might justify more rigorous procedures under the Constitution. Court room audio excerpts are at the link below. By KC Johnson


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