Doe v. Baum

University of Michigan students have sex. He says it was consensual; she says she was too drunk to consent. Witnesses support both parties, but a disciplinary panel finds the accuser’s witnesses more credible. Facing expulsion, the accused withdraws from school. Sixth Circuit: The university violated due process by failing to permit cross-examination of the accuser and her witnesses. Concurrence: Our precedent requires schools to permit the accused to submit (and follow up on) written questions, but not (as the majority holds) to have a representative conduct cross in person.

Tags: 2018, Colleges, Cross-Examination, Due Process, Fifth Amendment, Fourteenth Amendment, Self-Incrimination, Sixth Circuit

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