GOOD! JUDGE ORDERS SouthernMiss President to ‘Immediately’ Reinstate Male. He Never X-Examined Accuser.
“Only in rare instances is the issuance of this type of injunction proper … In its discretion, based on the totality of the circumstances of this case, the Court finds this is one of those rare instances.”A federal judge took the unusual step of banning a university from suspending a student accused of sexual assault, based on the fact that he’d lose his athletic scholarship – and ability to pay for college – in the process. By preventing John Doe from cross-examining his accuser at a “live proceeding,” the University of Southern Mississippi likely violated Doe’s procedural due process rights, U.S. District Judge Keith Starrett wrote in a memorandum opinion and order. Not only was Doe not allowed to be present during anyone else’s interview, but he wasn’t allowed to submit questions for others. He was only allowed to see and comment on a “summary” of the interviews…His background makes clear he comes from a humble family. Doe is the youngest of 18 children “from the same mother” and can’t graduate if he loses his athletic scholarship, which is paying for college, Doe’s attorney said. The judge ordered President Rodney Bennett to “immediately” reinstate Doe in good standing and let him attend both courses and scholarship-required activities on campus, including practices and games. Starrett didn’t find Doe a threat based on Roe’s two-year wait to report the incident and her confirmation that Doe didn’t pose a threat to her “in any way.”
thecollegefix By Greg Piper
