Court Rules on Due Process

Court Rules on Due Process

( – Since the Department of Education made changes to Title IX in 2011, more than 550 students accused of sexual assault on university campuses filed lawsuits. These students allege they were denied due process and fair hearings in sexual-misconduct proceedings. A unanimous ruling from the three-judge panel of the Third Court of Circuit Appeals stated all schools must allow a fair process in sexual-misconduct cases, including cross-examination of witnesses and the accuser.

Prior to changes early last month, the general trend was for a single person to hear cases at a given school. Typically, they were hired by the Title IX office. The accused student was not allowed to present an argument or ask questions to determine the credibility of the accuser or any other witness.

Before the case could be decided, the Dept of Education changed its rules to improve the overall fairness of the process. The court ruling confirmed the need for this change.

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