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'Chronicle of Higher Education' on Three Due Process Cases to Watch

Libby Sander wrote for today to review three current cases of students alleging a lack of due process in sexual misconduct hearings on their respective campuses: Wells v. Xavier University, Yu v. Vassar College, and Harris v. Saint Joseph鈥檚 University. Sander reports:

The details of the lawsuits differ, but in laying out grievances against colleges, the students share firmly held beliefs: Campus officials were hasty, withheld key evidence in hearings, and denied legal representation to the accused students. Throughout the process, the plaintiffs say, a presumption of guilt prevailed.

Among other claims, they say the institutions breached their contracts with the students by failing to follow stated policies. Mr. Harris and Mr. Yu also argue that their rights were violated under Title IX of the Education Amendments of 1972, the federal law that bars sex discrimination at institutions that receive federal funds.

All three students were expelled, demonstrating that even without criminal charges being brought, a college鈥檚 disciplinary action against a student can have serious, even life-changing consequences for the accused student. Sander emphasizes this in her article:

As of June, Mr. Yu, a Chinese citizen, had not been admitted to any of the 10 colleges to which he鈥檇 applied after being expelled (two more, after learning the reason he left Vassar, told him not to bother applying). His student visa was revoked. 鈥淭he potential for altering someone鈥檚 life or their future, or staining them,鈥 [Yu鈥檚 lawyer, Andrew T.] Miltenberg says, 鈥渋s very real.鈥

Of course, criminal cases and even civil cases heard in court may result in a visa being revoked. But campus hearings often lack the judicial system鈥檚 many procedural , which protect the accused from unjustly having his or her life derailed.

FIRE鈥檚 Will Creeley comments on the clash between guidance from government agencies on Title IX and constitutionally mandated due process:

Many institutions feel hemmed in by federal requirements, says Will Creeley [of 果冻传媒app官方], which opposes some federal guidance on campus sexual-assault cases, including the lower evidentiary standard. The 2011 guidance, in particular, made handling cases more difficult for colleges, he says.

鈥淚t traps them between affording students meaningful due-process protections,鈥 says Mr. Creeley, 鈥渁nd complying with the new government interpretation.鈥

Read the rest of Sander鈥檚 article in , and check back to The Torch for updates on these cases.

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