June 28, 2019

PUNCH BACK TWICE AS HARD: Yale Forced To Settle Bizarre Due Process Rape Case.

This capitulation comes on the heals of a new precedent-setting ruling from a federal judge in Tennessee that private universities, just like public ones, must provide due process protections to students accused of sexual assault, notes public interest law professor John Banzhaf.

This bizarre and outrageous Yale case – in which an administrator reportedly first helped bring the charges and then chaired the disciplinary hearing which found him guilty, another administrator allegedly mislead the woman into thinking that Montague was a serial rapist, and the university investigated him for stuffing a pizza plate down a woman’s shirt as “sexual harassment” – is only the latest example where legal action was effective in challenging practices which were claimed to violate a student’s due process rights.

The Tennessee ruling creates a a very important legal precedent, says Banzhaf, because courts in the past generally rejected student challenges, based upon fairness arguments, to findings by colleges that they committed rape, and only began ruling for the students when they began arguing that the campus hearings violated due process.

But due process, prior to this Tennessee decision, was applied only to state colleges and universities, not to the much larger number of institutions of higher education which were private, explains Banzhaf.

Sue, baby, sue.

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