COURT DECISION Highlights Importance of Representation for Students in Disciplinary Proceedings
Earlier this week, a Michigan federal judge held that Northern Michigan University may have breached its contract with an accused student by failing to inform him, as required by university policy, of his right to have an adviser present throughout his sexual misconduct disciplinary proceedings. The facts of the case also highlight precisely why representation, by an attorney or at least a trained advocate, is so critical in these cases. The lawsuit, brought by a student known in court papers as John Doe, stems from Doe’s expulsion from NMU following claims brought by a female NMU student….Following an investigation, NMU’s Sexual Misconduct Review Board found Doe not responsible for the charge of forcing Roe to perform oral sex on him, but “found that [Doe] had affirmed the other two charges, and based on those findings, Plaintiff would be expelled effective May 5, 2018.”
This is a textbook example of why it is so critical that students have access to representation in campus disciplinary cases with potentially life-altering consequences like suspension or expulsion. John Doe claims that he essentially admitted to things he hadn’t done because he thought being cooperative would help his case — something an attorney or other representative would very likely have advised him against doing. And far from being helpful, Doe’s admissions were ultimately the direct cause of his expulsion. While Doe may obtain some relief in the courts, to a large extent, the damage is done: He was expelled from NMU more than a year ago. And while we know nothing about his particular circumstances (since he filed anonymously), we do know that these disciplinary actions often have a tremendously harmful impact on students’ future educational and employment opportunities.
thefire-Samantha Harris
Read the Order on Defendants’ Motion to Dismis: Doe v. NMU Portions that seemed important have been highlighted by a non lawyer volunteer. Nothing should be interpreted as legal advice.-SOS
