Campus Due Process Litigation Tracker

Herrell v. Benson, 261 F. Supp. 3d 772 (E.D. Ky. 2017)

School type: Public
State: Kentucky
Federal Circuit: Sixth
Decision primarily favorable to: University
Stage of litigation: Motion to dismiss
Keywords: Due process

While a student at Eastern Kentucky University, Plaintiff was arrested and charged with the rape of a fellow student in an off-campus apartment. The alleged victim also brought a complaint with the university’s Office of Equity and Inclusion, which conducted an investigation in which Plaintiff did not participate because of Fifth Amendment self-incrimination concerns.

He was expelled, and brought suit alleging that the university had violated his constitutional due process rights by refusing to award him his degree. The court dismissed his claim, holding that “[b]y failing to participate in the process afforded to him by EKU, Herrell has waived any constitutional challenge to the process that resulted in his expulsion and the non-conferment of his degree.”