BOSTON U.S. APPEALS Court Hears Arguments On Due Process For Students Accused Of Sex Assault
A three-judge panel of the U.S. Court of Appeals for the First Circuit in Boston heard oral arguments Tuesday on what rights a private college must give to a student accused of sexual assault. The case, John Doe v. Boston College, involves a current male BC student accused of sexually assaulting a female BC student in November of 2018. Essential to Doe’s complaint against the school is that he was not allowed by BC to put questions to his accuser during the school’s investigation. Like many colleges, Boston College has adopted a single investigator model for sexual assault cases. In these cases, one person investigates and makes findings as to whether a sexual assault occurred. It’s a model that faces heavy criticism from advocates of due process.
Harvard law professor Jeannie Suk Gersen, who represents Doe, explained after the hearing that the plaintiff contends that both sides in a college sexual assault case should have the right to ask each other questions. Last year, the First Circuit ruled in a separate, narrower case against Boston College that Massachusetts law requires colleges to treat students with “basic fairness” when they face disciplinary charges. In this case, Boston College has argued the U.S. Constitution’s due process clause does not apply to private colleges. This is the first time a federal court of appeals is considering whether private colleges have the same responsibility.
wbur.org-Fred Thys
