JOHN DOE Files Appeal. Seeks to Reinstate TIX Sex Case Against University of Arkansas
An appeal notice filed recently seeks to reverse a federal district judge’s dismissal of a lawsuit alleging the University of Arkansas, Fayetteville wrongly sanctioned a student for sexual misconduct. “John Doe” claimed UA violated his rights in part by not allowing meaningful cross-examination of the woman reporting the assault, “Jane Roe.” Heather Zachary an attorney representing “Doe,” said that the case “is important not only to our client but also to the protection of the rights for all students in the Eighth Circuit,” referring to the 8th U.S. Circuit Court of Appeals.
In 2017, under Education Secretary Betsy DeVos, the department withdrew earlier guidance issued to schools on how to investigate and settle complaints of campus sexual misconduct. The guidance had been issued under the administration of President Barack Obama. In place of the Obama-era guidance, the Education Department issued an “interim Q&A” to help advise schools on how to handle such student complaints. Then, in November, the new proposed regulations were published. “Although the [federal] district court cited to the 2011 guidance several times in the opinion, the 2017 guidance was not mentioned,” Heather Zachary said. Holmes, in his opinion and order, stated: “UA’s current procedure strikes an appropriate balance by including the accused in the process during the investigation and appeals hearing, while protecting potential victims from being traumatically cross-examined by the accused.” Holmes stated that “Doe” was “able to submit cross-examination questions to the panel to be asked of Roe, and the hearing panel members were able to ask probing questions of Roe and other witnesses to resolve factual and credibility issues in the case.”
“We have identified significant appealable issues of both fact and law,” Doe’s attorney, Heather Zachary said.
arkansasonline– by Jaime Adame
