Due Process Legal Update: Complaints Keep Rolling In

Article here. Excerpt:

'Yesterday, in a lawsuit sponsored by FIRE, a former University of Virginia School of Law student challenged the Department of Education’s unlawful “preponderance of the evidence” mandate. While that suit has made big news for its direct challenge to the federal government, it is far from the only lawsuit that has been filed recently in response to the due process crisis on college campuses. In fact, more than ten new complaints have been filed in the past two months alone.

Last week, former Yale University basketball captain Jack Montague made good on his promise to sue Yale over alleged procedural unfairness in the sexual misconduct proceedings that led to his February 2016 expulsion. Montague’s complaint alleges he was “denied the most rudimentary elements of faimess promised to him by Yale.” According to Montague, Yale even breached its own confidentiality requirements by disclosing to his accuser the fact that Montague had previously been involved in another student conduct proceeding—a disclosure which, the complaint alleges, led to the accuser’s decision to participate in a formal conduct process. Montague also alleges that he was insufficiently informed of the details of the allegations against him until late in the disciplinary process, and that no one at Yale told him or his hearing advisor that he was expected to prepare and present an opening statement at the hearing.'