On 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 campus sexual-misconduct proceedings. For years, the federal government successfully pressured colleges to tilt their procedures in favor of accusers, arguing that doing otherwise would violate Title IX. Students are routinely suspended or expelled without so much as a hearing or the opportunity to see all the evidence against them.
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