New Title IX Regulations in Sexual-Assault Cases Are Vindicated in Court

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A panel of judges consisting of both Obama and Trump nominees rules in favor of due process.

NRPLUS MEMBER ARTICLE O n late Friday afternoon, the U.S. Court of Appeals for the Third Circuit issued a pathbreaking opinion affirming the critical importance of due process in campus sexual-misconduct proceedings, even for students at private universities. In a unanimous decision, a three-judge panel held that if a private university promises students a fair process in sexual-misconduct cases, it must provide students with a live hearing and the opportunity for cross-examination.

Since a 2011 federal policy change on how universities should address sexual-assault allegations, more than 550 accused students have filed suit against their universities, alleging that they were denied a fair process in

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