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Court Stops School From Disclosing Name Of Student Accused Of Sexual Assault

Court Stops School From Disclosing Name Of Student Accused Of Sexual Assault

A federal judge in Cincinnati has issued a temporary restraining order blocking Miami University from disclosing the name of a student accused of sexual assault in a Title IX investigation.

Miami University believed that it was required to disclose the name of the student in response to a public records request.  The decision of the judge temporarily blocks any disclosure while the Court considers a broader request from the student to block the enforcement of any discipline arising out of the Title IX investigation and hearing at the school.

Read the decision here.

Engel & Martin had brought a federal civil rights and Title IX complaint on behalf of a student after Miami University has found Plaintiff responsible for sexual misconduct, suspending him for two years.  In the complaint, Plaintiff argues that his hearing was defective for two reasons: First, Plaintiff argues that he was afforded inadequate notice of the nature of the allegations against him.  Second, Plaintiff argues that he was never provided the opportunity to cross-examine three witnesses who supplied written testimony to the hearing panel.

A hearing on the broader motion for a preliminary injunction was held on August 10, 2017.

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