LAWSUIT Seeks Class Action Status for Students Whose Due Process Rights Were Violated During TIX Investigations
An amended class-action lawsuit filed by a former student against Michigan State University (MSU) could pave the way for more class actions against universities and colleges that violate the due process rights of students accused of sexual misconduct.
Experts say the suit against MSU is a clever legal maneuver that takes advantage of a significant ruling in the U.S. Court of Appeals for the Sixth Circuit. Judges determined in September 2018 that students accused of sexual assault, or their representatives, had a right to directly question their accuser, which legal experts said would reshape the notion of due process in these cases.
Andrew Miltenberg, the lawyer representing the accused student, amended the complaint this month and requested class-action status. The court would need to be persuaded that enough current or former students accused of sexual misconduct may have been denied due process to justify them as a class. The lawsuit’s success hinges on whether the right to cross-examination was a key factor in every Title IX case at Michigan, said David A. Russcol, a lawyer specializing in Title IX at Zalkind Duncan & Bernstein in Boston. Michigan State could also request that the case not be classified as a class action.
Miltenberg who specializes in Title IX cases, said that they are not seeking money, “but to vacate and expunge disciplinary records for anyone that was put on probation, expelled, or any other type of suspension at Michigan State under the same policy of not being able to question the accuser.” Miltenberg suggested there could potentially be 200 affected students who might benefit from Doe’s case.
“What I hope, more than money or financial damages, is that we stop any erosion of due process, because it is a very slippery slope.” Miltenberg.
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