BIG WIN. Court Issues Injunction Against Ohio State in Student Due Process Case
A federal judge in Columbus, Ohio has issued an injunction preventing the school from disciplining students who did not have the right to cross-examine their accusers. Ohio State University tried to expel an accused female student for engaging in an allegedly nonconsensual sexual activity with other students on two separate instances. In one of the school hearings, the accusers did not appear and the hearing panel relied on their written statements. In another hearing, the accuser appeared but claimed to have no memory of the incident, so the panel relied on written statements from witnesses. The accused student represented by Engel & Martin, LLC, sued, alleging that Ohio State had acted against the right of students to cross-examine their accusers in serious discipline cases. The school argued that the investigatory process was sufficient. But the judge agreed with the student, and issued a preliminary injunction. “The more interesting and consequential decision may be this unreported decision concerning Ohio State-holding that ALL adverse witnesses must be available for cross examination, not just the complainant.” Roe’s attorney, Joshua Engel
