Sexual misconduct: California court says college was unfair to the accused

Article here. Excerpt:

'A California appeals court has joined the debate over how colleges should handle sexual misconduct cases, saying a school disciplinary board should require an accuser to attend a hearing and answer questions before suspending or expelling an accused student.

The ruling Wednesday by the Second District Court of Appeal in Los Angeles comes while the Trump administration is calling on colleges to set a higher standard of proof in cases of alleged sexual assault or harassment and to strengthen rights of the accused, most of them men. Women’s rights advocates have filed a nationwide suit in San Francisco against Education Secretary Betsy DeVos, saying her new guidelines are based on sex discrimination.
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When a student faces “potentially severe consequences” such as suspension, and the outcome depends on the accuser’s credibility, the accuser “must be before the finder of fact,” either in person or by videoconference, Justice Helen Bendix said in the 3-0 ruling.

Although participation in the hearing “may be traumatic or intimidating,” Bendix said, “fairness required ... that all three (panel members) hear from Jane before choosing to believe her account over John’s.” She also said the accused must be allowed to question the accuser, either directly or by relaying questions to the disciplinary panel.'

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