DUE PROCESS Legal Update
Since April 2011, at least 188 students accused of sexual misconduct at universities around the country have brought lawsuits alleging that they were unfairly treated in their schools’ adjudication processes. As I’ve noted in the past, these lawsuits typically include one or more of the following three claims: 1) denial of constitutional due process rights (at public universities); 2) sex discrimination in violation of Title IX; and 3) breach of contract. Traditionally, courts have deferred to universities’ judgment, but as these cases have proliferated over the past few years, a number of courts recognize the unusually high stakes and have held that schools must offer at least the most basic elements of a fair procedure before labeling students as sex offenders.
thefire.org By Samantha Harris