JOHN DOE Fires Back At UW Oshkosh Over Constitutionality of TitleIX Investigation
In an ongoing legal dispute between a John Doe and UW Oshkosh over the constitutionality of a Title IX sexual assault investigation, Doe’s lawyer, Peter Culp, has filed a response to the university’s motion to dismiss the case. Culp’s filing responded to arguments made in the university’s motion, stating that it did not violate Doe’s 14th Amendment right to due process in its Title IX investigation into a potential sexual assault.
Culp argues the investigation was biased from the beginning because Joann “Buzz” Bares wore multiple hats after filing the initial complaint, serving as an investigator and witness in the formal hearing on the complaint. Doe was further denied due process, Culp states in the response, because he was denied access to the investigator’s report, which impeded his ability to prepare a defense to the allegations of sexual assault.
The university’s motion to dismiss holds that Doe’s due process claim is invalid because his claim to a property or liberty interest, being his ability to continue higher education and damage to his reputation, is insufficient and cannot be legally classified under either category. These interests are essential to Doe claiming his 14th Amendment rights were violated as the amendment prohibits states from depriving someone of liberty or property without due process of the law.
Culp’s filing said the lawsuit does, in fact, provide a sufficient property interest, arguing that Doe’s continued education and his transcripts are enough to constitute a property interest. Culp further argues the university lowered its standard of proof during its investigation into the allegation of sexual misconduct than in investigations into other kinds of misconduct, in order to make sexual misconduct easier to prove. If Culp’s assertion is correct, UWO’s investigation would be in direct conflict with a directive from the United States Department of Education’s Office for Civil Rights, which states that the standard of evidence for evaluating sexual misconduct should be the same as the standard applied in other misconduct cases.
advancetitan-Staff
