Court boosts rights of students accused of sexual misconduct
Supreme Court News
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
-
California high court rules for immigrant kids in visa fight
Supreme Court News 08/16/2018The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.State judges cannot ...
-
Court document details moments before fatal police shooting
Supreme Court News 08/11/2018Investigators say a man fired gunshots into a bedroom wall and pointed a gun at his roommate before he was fatally shot by St. Paul police.A search warrant filed Tuesday by the Minnesota Bureau of Criminal Apprehension contains details about the mome...
-
Court, regulators clash over uranium project in South Dakota
Supreme Court News 08/03/2018Federal regulators recently abandoned a proposed survey of Native American cultural resources at a planned uranium mine site in the southwest part South Dakota, just days before a judge decided the survey is required by federal law.The contradictory ...
Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme
Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000.
The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.
“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”
At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.