A series of federal cases in the Midwest is likely to shift the way universities investigate sexual assault claims on their campuses. On the way out is a process that puts the onus for collecting information on a staff member, who interviews the person making the claim of a sexual assault, the person accused of the sexual assault and any witnesses. On the way in is more opportunity for the two sides to ask questions of each other, with some judges saying there needs to be a live hearing with all parties present, even if it’s through something like Skype. The reshaping is focused in the U.S. 6th Circuit Court of Appeals and the courts that make up its district. There’s been a ruling by the appeals court and one by a federal court in Michigan shaping the movement. Another case is pending before the appeals court, while another case in a federal court based in Michigan is also pushing for the change. All the cases are federal cases, with arguments that the universities are violating the U.S. Constitution’s due process protections.
bakersfield.com By David Jesse
