Protecting Due Process Rights in College Sexual Assault Cases
Spodek Law Group and Attorney Todd Spodek understand the complexities of Title IX law and are committed to protecting the rights of both alleged victims of sexual assault and accused students.
In recent years, there has been a shift in focus towards the due process rights of the accused in college sexual assault cases. Under the Obama administration, Title IX sexual assault cases were primarily focused on ensuring that complainants had sufficient protections, often to the detriment of the accused. However, the current administration has prioritized upholding due process rights, as evidenced by a recent decision from the Sixth Circuit Court of Appeals.
The case, which arose from proceedings at the University of Michigan, involved allegations of assault at a fraternity party. The university’s investigator did not find sufficient evidence to support the misconduct claim after interviewing 25 witnesses. However, the university’s appeals board reviewed the witness reports and reversed the finding, determining that the complainant’s witnesses were more credible than the accused’s witnesses.
The accused student filed a lawsuit claiming that the university violated his constitutional rights to due process. The Sixth Circuit ruled in favor of the plaintiff, finding that the school denied him due process by not providing a live hearing in front of a neutral fact-finder and the opportunity to cross-examine witnesses. The court noted that cross-examination in a live hearing is essential to test a witness’s memory, intelligence, or potential ulterior motives.
This decision sets a standard for other federal circuits to follow, especially with the changing tides of Title IX policies coming from the federal government. The emphasis on due process rights of accused students is in line with the interim policies of the Department of Education under the Trump administration and Secretary DeVos.
At Spodek Law Group, we know that the policies regarding Title IX law are constantly evolving and schools do not always keep up. That’s why our experienced attorneys are here to help you navigate the complex legal system and ensure that your due process rights are protected. We can provide you with a live hearing in front of a neutral fact-finder and the opportunity to cross-examine witnesses, which are essential to defending yourself against sexual assault accusations.
Experienced Title IX Law Firm
Our New Haven, Connecticut, Title IX Law Firm has extensive experience handling college sexual assault cases. We understand the emotional toll that these accusations can have on your life and are committed to helping you achieve the best possible outcome. Our attorneys will fight for your rights and make sure that you are treated fairly throughout the legal process.
Protecting Your Rights
If you have been accused of sexual assault at college, it’s important to act quickly to protect your rights. Contact Spodek Law Group today to speak with an experienced attorney who can help you understand your options and provide you with the legal support you need. Call us at (888) 977-6335 or contact us online to schedule a consultation.
Don’t wait until it’s too late. Contact Spodek Law Group today.
|Benefits of Hiring Spodek Law Group|
|Experienced attorneys who understand the complexities of Title IX law|
|Commitment to protecting the rights of both alleged victims of sexual assault and accused students|
|Extensive experience handling college sexual assault cases|
|Emphasis on upholding due process rights in college and university sexual assault cases|
Protecting Your Future
A sexual assault accusation can have devastating consequences for your future, including expulsion from school, loss of scholarships, and damage to your reputation. At Spodek Law Group, we understand the importance of protecting your future and will work tirelessly to ensure that your rights are protected throughout the legal process.
Contact Spodek Law Group Today
If you or a loved one has been accused of sexual assault at college, don’t wait until it’s too late to protect your rights. Contact Spodek Law Group today to speak with an experienced attorney who can help you navigate the legal system and achieve the best possible outcome. Call us at (888) 977-6335 or contact us online to schedule a consultation.
Spodek Law Group and Attorney Todd Spodek are committed to protecting your rights and ensuring that you receive a fair and just outcome in your case. Don’t face this difficult time alone – contact us today for the legal support you need.