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Recent Decisions of Interest: Courts Continue to Overturn Disciplinary Decisions in Sexual Misconduct Cases Due to Flaws in Disciplinary Procedures  


Author:  Ralph Gerstein.; Lois Gerstein.


Source: Volume 18, Number 04, Summer 2017 , pp.73-76(4)




Campus Safety & Student Development

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Abstract: 

With the substantial increase in the number of college disciplinary proceedings based on allegations of sexual misconduct, it is inevitable that there would be an increase in cases brought by accused students who claim to have been wrongfully found guilty of sexual misconduct. Creation of a safe university environment is a laudable and necessary goal, but the end does not justify the means: a college that fails to give accused students a fair chance to defend themselves will likely find itself a defendant in lawsuits, and more of these lawsuits have been successful. In this issue’s “Recent Decisions of Interest” the editors review recent court decisions including Arishi v. Washington State Univ and Doe v. Lynn University, which deal with issues of due process and failure to follow statutory procedures, selective enforcement and the right to appeal erroneous outcomes.

Keywords: Model State Administrative Procedures Act; Student Disciplinary Hearings

Affiliations:  1: Editor; 2: Editor.

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