CORNELL LAW Professors Join Strengthening Push For Due Process On Campus
Cornell University is so bad at conducting sex assault and harassment investigations that 23 professors from its law school have filed a brief in court to require the school to follow its own policies. John Doe’s complaint and the professors’ brief allege that the failure to follow written policy in Doe’s case violates Article 78 of New York Civil Practice Law and Rules, which, among other things, allows students at private schools to challenge disciplinary findings that are “made in violation of lawful procedure” and are “arbitrary and capricious.” The professors also explain, through pages of case law, quotes from treatises, and plain common sense, why cross-examination has deservedly been called “the greatest legal engine ever invented for the discovery of truth.” Especially in cases that hinge on the parties’ credibility and the accuracy of their testimony, such as this one, cross-examination is essential for allowing fact-finders to reach accurate conclusions about what actually happened. These 23 law professors join a lengthy list of legal scholars who have also criticized their schools and Title IX policies for unfair bias against accused students.
thefire.org By Susan Kruth thefederalist.com By Ashe Schow
