U.ARKANSAS Male Seeks Reinstatement of Dismissed Lawsuit. UA is “Out of Step” with 2017 Title IX Guidance
A student accused of sexual misconduct “received every bit of due process required by the Constitution” when taking part in University of Arkansas, Fayetteville campus administrative proceedings, university attorneys argued recently in a court filing. The 56-page document describes procedural steps in the case while also defending UA policies and practices, several of which had been challenged in a lawsuit filed under the pseudonym “John Doe.”
Attorneys for Doe, in seeking reinstatement of a previously dismissed lawsuit, had argued in part that UA was “out of step” with guidance to schools issued in 2017 under Education Secretary Betsy DeVos. In April 2018, Doe was found responsible for sexual assault in violation of UA policy. Attorneys for Doe have stated in court documents that he is innocent and is trying to clear his name and reputation. The lawsuit alleged violations of due process and Title IX, the federal law prohibiting sex-based discrimination at schools that receive federal funding. U.S. District Judge P.K. Holmes III dismissed the lawsuit in April, with Doe then filing an appeal in the 8th U.S. Circuit Court of Appeals. Heather Zachary, an attorney representing Doe, stated, in part: “The University’s finding against Doe was issued in violation of the University’s own policy as well as the requirements of Due Process.”
nwaonline-Jaime Adame
