Court: Exclusion of evidence, biased training, lack of cross-examination, low evidentiary standard may have violated student’s due process rights
By Samantha Harris January 17, 2019
While the Department of Education considers new regulations on how colleges and universities adjudicate claims of sexual misconduct on campus, the wave of litigation stemming from how they currently handle those claims continues unabated.
Yesterday, a federal court in Mississippi denied the University of Mississippi’s motion to dismiss a student’s claim that the university violated his due process rights in numerous ways during the sexual misconduct investigation and hearing that ultimately left him suspended. (Technically speaking, these claims will proceed against the university’s president, since the university itself is immune from suit under the Eleventh Amendment.)
https://www.thefire.org/court-exclusion-of-evidence-biased-training-lack-of-cross-examination-low-evidentiary-standard-may-have-violated-students-due-process-rights/
