Title IX/College Disciplinary Practice - Warshaw Burstein LLP | Title IX Blog | Due Process
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  • Doe v. Univ. of Miss, No. 3:18-CV-138-DPJ-FKB, 2019 U.S. Dist. LEXIS 7490 (S.D. Miss. Jan. 16, 2019)
    01/16/2019
    The University of Mississippi’s Motion to Dismiss was denied as to plaintiff, Andrew Doe’s Title IX and due process claims. Doe stated a viable claim for due process based on the biased nature of the training materials provided to the Judicial Council, materials that encouraged determinations in favor of the complainant, as well as an inability to cross-examine complainant. Doe’s Title IX claim was sustained due to a flawed investigation by the Title IX coordinator, who failed to collect the testimony of key witnesses, excluded exculpatory evidence, ignored clear notice of a biased panel member and was treated less favorable than his counterpart for engaging in the same conduct.
    CATEGORY: Due Process
  • Doe v. Regents of the University of California, 28 Cal.App.5th 44 (2018)
    10/09/2018
    Credibility determinations require effective cross-examination. The Court of Appeal of the State of California Second Appellate District Division Six found that UCSB denied student due process by failing to provide the accused with access to critical evidence, and not allowing adequate opportunity to cross examine witnesses or present evidence in their own defense.
    CATEGORY: Due Process
  • Doe v. The University of Southern Mississippi, Case 2:18-cv-0015-KS-MTP (S.D. Miss. Sep. 26, 2018)
    09/26/2018
    University of Southern Mississippi ordered to immediately reinstate John Doe as a student in good standing after showing a substantial likelihood the lack of a live hearing with no cross-examination violated due process.
    CATEGORY: Due Process
  • Doe v. Baum 903 F.3d 575 (6th Cir. 2018)
    09/07/2018
    Due process requires a hearing and opportunity to cross-examine witnesses. Sixth Circuit holds that where the credibility of witnesses is in dispute and material to the outcome, due process requires a hearing and opportunity to cross-examine witnesses.
    CATEGORY: Due Process