Judge Agrees: Schools Must Provide Due Process to Students

A judge in California threw out a disciplinary finding against a California college student accused of sexual misconduct. The court found that the school had not adequately protected the due process rights of the accused student.

From the Washington Post:

The judge thought it unfair that Doe’s right to challenge the investigator’s report and cross-examine Roe as a witness was limited. Roe was “placed behind a barrier during the proceedings.” Doe’s questions were reviewed by the chair of the disciplinary panel and “only nine of [Doe’s] thirty-two questions were actually asked.”

“Here, cross-examination was essential,” the judge wrote. “The Student Conduct Review Report made findings regarding the credibility of Ms. Roe and the outcome turned on her testimony.”

 

Joshua Engel, an attorney who has represented numerous students in disciplinary decisions, applauded the decision. “Judges are starting to realize that schools have an obligation — both under the law and as education institutions — to protect the basic due process rights of their students. The problem of sexual assault on campuses cannot make schools forget basic core values.”