DUE PROCESS WIN! Accused UMich Male Has a Right to a Live Hearing & X-Examination
The University of Michigan operates a “bifurcated system to address student misconduct.” Accused students have the right to a “live hearing” and cross-examination for nonsexual offenses, but not for sexual offenses. This is a problem for a federal judge in Michigan. Even though John Doe has not yet been found responsible by UMich, his lawsuit against the university meets “ripeness requirements” for the court’s consideration. U.S. District Judge Arthur Tarnow wrote in a Friday order granting Doe “preliminary relief.” The judge cited 6th Circuit precedent that requires universities to ensure a minimum level of due process in Title IX investigations, including “the opportunity [for an accused student] to share his version of the events at some kind of hearing.” In Doe’s case, that means the accused student deserves a live hearing in which he may submit questions to his accuser through an official or the Student Resolution Panel. Tarnow said the single-investigator model used by UMich does not allow Doe to know “which questions are actually being asked of [his accuser] or her response to those questions.” Without a live proceeding, the risk of an erroneous deprivation of Plaintiff’s interest in his reputation, education, and employment is significant. Additional procedural safeguards would both assist the truth-seeking process and help to ensure the protection of Plaintiff’s constitutional rights…Doe’s lawyer told The College Fix she was “not aware” of any previous ruling that nullified a “single investigator” model for Title IX cases, as did Tarnow’s order for Doe’s specific case, or how many other cases the order could affect.
thecollegefix.com By Grace Curtis
