JUDGE: Penn State’s Ban on Cross-Examination in Rape Cases ‘Raises Constitutional Concerns’
Public universities can’t deprive accused students the opportunity to challenge their accusers’ credibility in Title IX adjudications, a federal judge ruled last month in a closely watched lawsuit. Pennsylvania State University must consider how its educational mission will suffer if it “ejects innocent students who would otherwise benefit from, and contribute to, its academic environment,” Judge Matthew Brann wrote in the memorandum opinion. Judge Brann said Penn State’s practice of conducting “paper-only” investigations – where the parties aren’t allowed to argue their case before a Title IX panel and challenge each other’s credibility – “raises constitutional concerns.” The ruling was cited in a recent Atlantic article on the Department of Education’s pending rulemaking on Title IX regulatory changes. It highlighted Brann’s statement that Penn State has an interest in “securing accurate resolutions of student complaints,” not just punishing guilty students.
thecollegefix.com By Maggie Malecki
