Federal judge bans low evidence standard in Title IX cases with ‘significant consequences’ for accused
Article here. Excerpt:
'Hearing with cross-examination, evidence in his defense ‘essential to basic fairness’
It’s one judge’s ruling, but if it catches on, it’s a dagger in the heart of the Obama administration’s Title IX guidance, still widely used by universities even though it’s been rescinded.
U.S. District Judge James Browning refused to dismiss due process claims against the University of New Mexico in a five-page order last week.
He told the taxpayer-funded institution that plaintiff “J. Lee” has “alleged facts sufficient to state a plausible Fourteenth Amendment procedural due process claim” against the board of regents and president of the university. (Robert Frank was the original named defendant but has since been replaced by President Garnett Stokes.)
Lee alleged that the university violated his liberty and property interests by ruining his “good reputation” and expelling him for allegedly sexual misconduct.'
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