DUE PROCESS LAWSUIT Against UNew Mexico By Accused Black Student. Banned Without a Hearing.
Joseph, a University of New Mexico student, has been kicked out of campus housing, stopped from registering for spring classes, and banned from playing on the basketball team. His crime? He has only been accused of one at this point: battery. Joseph “has not been arrested or charged, much less proven guilty in a court of law,” according to a federal lawsuit filed against the public university earlier this month. It’s not clear that UNM even has authority to investigate the allegation, the suit claims: The accuser is not a student and may not live in the state.
The taxpayer-funded university has not followed its own procedure to determine whether Joseph violated its code of conduct, the suit alleges. He was deprived a hearing where witnesses and evidence against him could be heard and challenged, as well as the opportunity to appeal. Joseph is suing the Board of Regents, the university-owned housing nonprofit Lobo Development Corporation and Dean of Students Nasha Torrez for violating his due process rights. By preventing him from being able to continue his education, the university is not following up on its side of the bargain, the complaint argues. Lobo also “failed to honor its obligation of good faith and fair dealing” by breaking his lease.
thecollegefix– Ellington
