{"id":81692,"date":"2018-09-09T11:12:37","date_gmt":"2018-09-09T15:12:37","guid":{"rendered":"https:\/\/valorguardians.com\/blog\/?p=81692"},"modified":"2018-09-09T13:34:02","modified_gmt":"2018-09-09T17:34:02","slug":"lawsuit-by-ex-university-of-michigan-student-accused-of-sexual-assault-is-revived","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=81692","title":{"rendered":"Lawsuit by ex-University of Michigan student accused of sexual assault is revived"},"content":{"rendered":"<p><img decoding=\"async\" src=\"https:\/\/www.azuse.cloud\/wp-content\/uploads\/2018\/09\/2color-bluebg-e1536505011528.png\" alt=\"UM\" \/><br \/>\n<a href=\"https:\/\/www.reuters.com\/article\/us-michigan-lawsuit-sexcrimes\/lawsuit-by-ex-university-of-michigan-student-accused-of-sexual-assault-is-revived-idUSKCN1LN2HS\">Reuters<\/a> reports the University of Michigan must face a former male student\u2019s claims that it wrongly refused, at a disciplinary proceeding, to allow him to cross-examine the female student who accused him of sexual misconduct, and other adverse witnesses.<\/p>\n<p>In a decision on Friday, the 6th U.S. Circuit Court of Appeals reversed a lower court judge\u2019s dismissal of claims by the male student, known as John Doe, that the school violated his due process rights and Title IX, a U.S. law barring gender discrimination by schools that receive federal funds.<\/p>\n<blockquote><p>Doe, who left school 13-1\/2 credits short of his business degree rather than face expulsion, was accused of having non-consensual sex with a woman at a \u201cRisky Business\u201d themed fraternity party when he was a junior and she a freshman.<\/p>\n<p>The woman, known as Jane Roe, said she was too drunk to consent, while Doe said she participated willingly.<\/p><\/blockquote>\n<p>Circuit Judge Amul Thapar rejected university claims that cross-examination was not necessary because Doe could review the woman\u2019s statement, had ample opportunity to challenge witnesses\u2019 testimony and confessed in a police interview, a claim the judge said was unproven.<\/p>\n<blockquote><p>\u201cDue process requires cross-examination in circumstances like these because it is the greatest legal engine ever invented for uncovering the truth,\u201d Thapar wrote, noting that the school allows cross-examination in all misconduct cases not involving sexual assault.<\/p><\/blockquote>\n<blockquote><p>\nIn reviving the Title IX claim, Thapar, <strong>an appointee of President Donald Trump<\/strong>, said without ruling on the merits that Doe raised a \u201cplausible\u201d claim that the university showed \u201canti-male\u201d bias in discrediting testimony from his fraternity brothers.<\/p>\n<p>He said this came against the backdrop of a federal probe into the school\u2019s handling of sexual misconduct claims.  <\/p><\/blockquote>\n<p>So the anti-male academics and their kangaroo court got schooled on due process, and equal rights under the law. I highlighted in bold the judge&#8217;s pedigree as a Trump appointee for a reason- the more of his judges are on the job, the less the Dems can legislate from the bench.  <\/p>\n","protected":false},"excerpt":{"rendered":"<p>Reuters reports the University of Michigan must face a former male student\u2019s claims that it wrongly &hellip; <a title=\"Lawsuit by ex-University of Michigan student accused of sexual assault is revived\" class=\"hm-read-more\" href=\"https:\/\/www.azuse.cloud\/?p=81692\"><span class=\"screen-reader-text\">Lawsuit by ex-University of Michigan student accused of sexual assault is revived<\/span>Read more<\/a><\/p>\n","protected":false},"author":657,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15],"tags":[],"class_list":["post-81692","post","type-post","status-publish","format-standard","hentry","category-legal"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/81692","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/657"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=81692"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/81692\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=81692"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=81692"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=81692"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}