After 'Inebriated' Hook Up, Student Gets Expelled Without Due Process

Article here. Excerpt:

'For the second time this month, a California school has been rebuked in court for failing to provide due process to a student accused of sexual assault.
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The university found John responsible not only for sexually assaulting Jane on April 11, 2015, but also for creating a "hostile environment" for her in a shared biology lab between April and June of 2015. However, John received no notice of the "hostile environment" charge, and the investigators did not ask him about it during their interview with him. The court judged this to be profoundly unfair, holding that "without notice of these allegations against [John], he had no opportunity to defend himself prior to the Judicial Committee's decision [to expel him]."

Like many schools, LSU's disciplinary process in cases of sexual misconduct does not provide students with a hearing. Instead, university investigators meet with the parties and witnesses separately; review the evidence (with "broad discretion" to determine what evidence is "relevant or helpful"); and determine responsibility using the low "preponderance of the evidence" standard currently required by the federal government.

Based on this and other procedural shortcomings, the judge ruled that John had been "denied a fair opportunity to defend himself," and ordered LSU to set aside both the findings and the sanctions against him.'

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