Court boosts rights of students accused of sexual misconduct

U.S. Courts Newsroom

Students accused of sexual misconduct at public universities have the right to cross-examine accusers at disciplinary hearings, a federal appeals court said Friday in a sweeping decision that will extend to public schools in four states.

The University of Michigan violated the rights of a male student by refusing to allow him or a representative to question witnesses in an alleged incident of sexual misconduct at a "Risky Business"-themed fraternity party, the court said.

A university investigator found insufficient evidence that a student had committed misconduct. But that conclusion was overturned by a campus appeals panel after two closed sessions.

The student, identified in court papers as John Doe, agreed to leave the school in 2016 instead of face expulsion, just 13.5 credits shy of getting a bachelor's degree in business. His attorney said he was made a "scapegoat" by the university to show that it was aggressively responding to complaints.

"If a public university has to choose between competing narratives to resolve a case, the university must give the accused student or his agent an opportunity to cross-examine the accuser and adverse witnesses in the presence of a neutral fact-finder," said Judge Amul Thapar, writing for a three-judge panel at the 6th U.S. Circuit Court of Appeals.

The court overturned a decision by U.S. District Judge David Lawson. The ruling is binding in Michigan, Ohio, Tennessee and Kentucky, the four states covered by the 6th Circuit.

"Providing Doe a hearing with the opportunity for cross-examination would have cost the university very little," Thapar wrote. "As it turns out, the university already provides for a hearing with cross-examination in all misconduct cases other than those involving sexual assault."

University spokesman Rick Fitzgerald said the decision was being reviewed.

"This is a very huge victory for the constitutional rights of students," Doe's attorney, Deborah Gordon, said. "Sexual-misconduct proceedings have to be a search for the truth. The University of Michigan, by hiding the ball from both sides, has really done a huge disservice to the entire issue of sexual misconduct on campus. The stakes are so high."

It's unclear what will happen next. But Gordon said her client, who had a 3.94 grade-point average, wants his college degree.

Related listings

  • Sen. Collins, potential swing vote, meets with Kavanaugh

    Sen. Collins, potential swing vote, meets with Kavanaugh

    U.S. Courts Newsroom 08/20/2018

    Supreme Court nominee Brett Kavanaugh met Tuesday with Republican Sen. Susan Collins of Maine, a centrist who's seen as a potential swing vote on his confirmation, while Democrats push him to release more documents from his years in the George W. Bus...

  • Lawyers will seek to shift blame for warehouse fire at trial

    Lawyers will seek to shift blame for warehouse fire at trial

    U.S. Courts Newsroom 08/19/2018

    Lawyers for the two men charged in the Northern California warehouse fire that killed 36 people said Friday they are now preparing for a trial where they will try to shift blame for the blaze from their clients to others, including the building's own...

  • Rock icon Cliff Richard wins UK High Court privacy case

    Rock icon Cliff Richard wins UK High Court privacy case

    U.S. Courts Newsroom 07/17/2018

    British rock icon Cliff Richard has won his privacy case against the BBC for its coverage of a police raid at his home and has been awarded more than 200,000 ($260,000) in damages.Richard had sued the broadcaster for its coverage of the 2014 raid, wh...

The Law Offices of John M. Lynch, LLC - Our goal is to serve you and make your experience a pleasant one

Our firm founder John M. Lynch is a proven trial lawyer with a record of success in state and federal courts. His former service as a police investigator and federal drug task force agent enable him to see a case from all sides. He is routinely hired by other attorneys to assist with criminal cases. His peer recognition is also evident in the recognition that he has earned with Top 100 Trial Lawyers, AV Preeminent Rating and Super Lawyers. He has also been named as one of the Best Attorneys in St. Louis, a Rising Star in Missouri and a Rising Star in Kansas. His unique and broad -based experience has led to unparalleled success that include dismissal of charges, acquittal and markedly beneficial settlements.

Attorney John M. Lynch comes from a strong law enforcement background with a decade of experience as a police investigator and federal drug task force agent. Paired with his legal degree from St. Louis University School of Law, Mr. Lynch provides a unique and candid perspective for people charged with a full range of criminal activities.