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Posts tagged "sexual assault"

Is Michigan State's Nassar Settlement Fake News for Some Survivors?

On May 16, 2018, Michigan State University announced that after several rounds of mediation, they had reached a "$500 million global settlement" on behalf of survivors of disgraced former MSU doctor Larry Nassar. The terms stated that $425 million would be paid to the 332 current claimants, and $75 million would be set aside for future claimants. Here is a copy of the May 16, 2018, Press Release

Sixth Circuit Court of Appeals Expands Accused Rights in College Disciplinary Proceedings

 "Cross-examination is the greatest legal engine ever invented for the discovery of truth." So wrote John Henry Wigmore, legendary judge and legal scholar. However, when a college student is faced with a disciplinary proceeding, cross examination has not been required by the courts, and is generally not allowed. This is true even though a suspension or expulsion can affect a person's ability to continue education or find jobs.
 
No more, says the 6th Circuit Court of Appeals, which has ruled that some form of confrontation may be constitutionally required in certain cases.
 
"John Doe" was a University of Cincinnati student who engaged in a sexual encounter with "Jane Roe," and believed it to be consensual. However, three weeks later, Jane made a complaint to the University that John had violated the Code of Conduct by sexually assaulting her.
 
                A hearing was held, but Jane did not appear. John expressed that he could not properly present his defense without being able to question her account. The hearing panel proceeded anyway, and found John responsible for a sexual assault, and issued a two year suspension.
 
John filed a lawsuit to stop the suspension, and the federal district court granted it. The University appealed, but the 6th Circuit upheld the ruling. The court said that due process is guaranteed in college disciplinary hearings, and that in a "he said/she said" credibility contest, especially where hearsay evidence was used against John, due process may include some form of confrontation. Without it, the proceeding may be "fundamentally unfair."
 
Recognizing that direct cross-examination may be traumatic, especially in a case of sexual assault, the court clarified that confrontation may be indirect - for example, the accused may submit cross examination questions to be asked by a neutral hearing officer. Nonetheless, this case is significant in opening the door to confrontation in a student disciplinary hearing where important rights are at stake, and credibility is a critical issue.
 
The case is Doe v. University of Cincinnati, U.S. Court of Appeals, 6th Circuit, 9/25/17

Does a Victim of Sexual Assault Have a Case For a Civil Lawsuit?

Sexual crimes are among some of the worst offenses in the criminal justice system. They can be violent and horrific, and the victim often has to live with the emotional and physical scars of the attack for the remainder of their life. While these types of tragedies certainly need to receive justice in a criminal court, the reality is that victims often cannot receive proper compensation unless they file suit in a civil court as well.

Rape and Sexual Assault Accusations at Baylor University

Baylor remains at the center of a firestorm over accusations of rape and sexual assault on its campus. The latest lawsuit "accuses the nation's largest Baptist school of creating a 'hunting ground for sexual predators.'" Under Title IX, universities and colleges have an affirmative duty to address sex discrimination and inequality on their campuses. If you have been victimized by rape or sexual assault at school, NachtLaw can help.

Campus Sexual Assault

First, remember the old adage, "what you say can and will be used against you." Your child should not cooperate or try to talk his way out of it. He should assume that anything he tells anybody who works for the university could end up in the hands of a police officer and a prosecutor.

Your word versus hers: Dealing with accusations of campus sexual assault

In recent years, colleges and universities across the country have become hyper-vigilant about sexual assault on campus. These institutions don't want the lawsuits and damaging public-relations fallout of a sexual encounter gone wrong.

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