University of Michigan

Location: None Listed,
Website: https://www.umich.edu/
Type: No Type Yet
Federal Circuit: 1st Circuit

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  • Federal appellate court: denial of cross-examination violates due process

    September 7, 2018

    Today, the U.S. Court of Appeals for the Sixth Circuit issued the strongest judicial opinion to date in support of the right to cross-examination in campus judicial proceedings that turn on credibility. The decision is also remarkable for its support for allowing students the active participation of an advisor, which would provide effective cross-examination while avoiding the potential problems with having the parties personally cross-examine one another in sexual misconduct proceedings. In today’s ruling in Doe v. Baum, the Sixth Circuit reversed a lower court’s dismissal of an accused student’s due process lawsuit, holding: [I]f a public university has to […]

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  • University of Michigan ordered to provide hearing to student accused of sexual misconduct

    July 17, 2018

    Earlier this month, a federal district court in Michigan ordered the University of Michigan to provide a student facing potential expulsion for sexual misconduct with a live hearing at which he would have the opportunity to indirectly question his accuser by submitting questions to be asked by the hearing panel. This ruling is a significant rebuke to the popular “single investigator” method of adjudicating sexual misconduct claims on campus, as well as to the bifurcated process by which most schools adjudicate sexual and non-sexual misconduct. The plaintiff, who (as is typical of these cases) filed his lawsuit under the pseudonym […]

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