In major victory, Colorado court finds that accused students at private universities are entitled to fair hearings

Article here. Excerpt:

'Last month, Colorado’s intermediate court held that private universities in the state owe a duty of care to students when addressing claims of sexual misconduct. The Colorado Court of Appeals’ ruling, reversing a lower court’s judgment in favor of the University of Denver, a private university, is a welcome decision that other state courts should follow.

Highlighting DU’s deficient process, the court noted “the burden and detriment of an unfair investigation and adjudication is borne almost entirely” by the accused. As a result, the court held that DU has a duty to adopt and apply fair procedures when investigating and adjudicating claims of sexual misconduct.

This is important because a constitutional right to due process only applies at public institutions because they are state actors.'

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