UMich in trouble with appeals court for not letting students cross-examine rape accusers
Article here. Excerpt:
'The University of Michigan’s lawyer didn’t get any easier treatment from Thapar (below) at the Aug. 1 hearing. The judge even suggested that lawyer David DeBruin was arguing for the university’s right to “set up a kangaroo court” in all adjudications, not just Title IX proceedings.
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Kline also determined that evidence didn’t corroborate the accuser’s claim that Doe coerced her into unwanted sexual activity. The evidence standard was “preponderance,” also known as “more likely than not,” which was mandated by the Obama administration. (A year and a half later, the Trump administration rescinded this mandate and let schools choose between preponderance and a higher standard, “clear and convincing.”)
Unsatisfied with the ruling, and empowered by a university system that permitted double jeopardy in sexual-misconduct cases, Doe’s accuser appealed Doe’s exoneration.'
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