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Federal Court Rules School Violated Due Process Rights of Student

Federal Court Rules School Violated Due Process Rights of Student

A Federal Judge has issued an injunction prohibiting the University of Cincinnati from suspending a student who had been accused of sexual assault.

The opinion is available here:  Doe v. UC PI Decision

In this case, a student was accused in a Title IX proceeding of sexually assaulting another student he had met on Tinder.  The student claimed that all sexual contact was consensual.

Notably, the alleged victim never appeared at the hearing.  The school went forward and found the student responsible based solely on hearsay statements contained in an investigative report.  The Court held that since the Hearing Committee was given the choice of believing either the student or the alleged victim, “cross-examination was essential to due process.”

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