Decision stands in favor of students accused of misconduct
October 11, 2018
ANN ARBOR, Mich. (AP) - A federal court won't reopen a major decision that gives University of Michigan students the right of cross-examination during disciplinary hearings related to allegations of sexual misconduct.
The university asked the full appeals court to set aside the Sept. 7 opinion of a three-judge panel and hear the case again. But the 6th U.S. Circuit Court of Appeals said Thursday there's no interest.
It means the September decision will remain binding on public colleges in Michigan, Ohio, Tennessee and Kentucky, states covered by the 6th Circuit.
A student identified as John Doe said the University of Michigan violated his rights during an investigation of alleged sexual misconduct. Doe denied the allegations but agreed to leave school in 2016 instead of face expulsion.
The appeals court says the university violated Doe's rights by refusing to allow him or a representative to question witnesses or the accuser.