More than 150 lawsuits brought by students accused of sexual misconduct who allege they were denied basic fairness in campus proceedings have been filed since 2011. Two recent rulings illustrate how malleable and susceptible to varying interpretations the law in this area is, leading to a mixed bag of results for plaintiffs. Some judges are deeply reluctant to interfere in universities’ internal disciplinary systems and will defer to universities even when the circumstances would likely strike most people as outrageous. Other judges are more willing to allow accused students’ lawsuits to move forward, at least beyond the initial pleadings and into the discovery phase. Today, we will look at one of each of those cases.
www.thefire.org Samantha Harris