James Haidak v. University of Massachusetts at Amherst
Details of the case: James Haidak is a former University of Massachusetts at Amherst student who was suspended and then expelled after his ex-girlfriend accused him of physical assault while they were studying abroad in 2013. Haidak sued the university, alleging administrators subjected him to a biased hearing process. A federal district court dismissed his claims, but an appellate court found his suspension was likely unconstitutional because he hadn't been given a chance to have a hearing beforehand.
Why it's significant: In the case, the U.S. Court of Appeals for the First Circuit deviated from an opinion issued last year by the Sixth Circuit's appeals court, which presides over Michigan, Ohio, Tennessee and Kentucky. In 2018, the latter wrote that accused students had a right to the cross-examine their accusers in most Title IX proceedings.
The First Circuit agreed, to an extent, that cross-examination should be allowed but maintained that the questions can come from a neutral panel rather than accused students or their proxies. The discrepancies in the court rulings potentially set up a Supreme Court challenge, and may clarify a major issue among Title IX practitioners, experts told Inside Higher Ed.
Jalen Jones
ReplyDeleteSummer 2020