The New Federal Ruling

A December 2022 decision in the Wisconsin federal district court case Cephus v University of Wisconsin reflects an ongoing trend of courts correcting over-zealous Title IX officials from unfairly disciplining accused students for campus sexual misconduct. The new decision did not yet hold the University of Wisconsin liable for violating the accused student's rights. But the court did hold that the student had presented a plausible case that the university had rushed to judgment in violation of the accused student's protective Title IX procedural rights. The matter arose out of what the accused student maintained were consensual relationships with two other students who nonetheless alleged sexual assaults or harassment. The university expelled the accused student in what the student alleged in his court case was an unfair investigation and hearing biased by a controversial Obama Administration “Dear Colleague” letter. The accused student's court case may now move forward to a jury if not settled in light of the court's preliminary ruling.

Problematic Enforcement

The Cephus v University of Wisconsin case opinion shows how problematic Title IX enforcement actions can be in a campus environment inflamed by the controversial Dear Colleague letter. The opinion first lists several campaigns and events at the university tending to depict women as victims and men as perpetrators in intimate relationships. The opinion acknowledges that general allegations of that type prove nothing in such a case, even though the accused student, in this case, was a prominent male athlete whom public pressure campaigns could easily target. But pages fifteen and sixteen of the opinion proceed to list the accused student's nine specific allegations of university procedural wrongs against him in particular, allegedly spurred by the inflamed environment. Those wrongs included allegedly biased investigator actions like conducting interviews to bolster rather than neutrally record the complainants' accounts, failing to obtain the accused student's account, failing to investigate obvious missing evidence, refusing to delay the hearing for exculpatory evidence, refusing to reschedule hearing for the student's retained counsel to attend, and refusing cross-examination of adverse witnesses.

Defending Title IX Allegations

The Cephus v University of Wisconsin case confirms how important skilled and experienced Title IX defense attorney advisor representation is to the successful defense of sexual misconduct allegations. Campus disciplinary proceedings can reflect unfortunate biases, making it very difficult for accused students to get fair treatment and a fair outcome to the charges. Retain premier school discipline defense attorney advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team for skilled and experienced Title IX defense services nationwide. You can trust Attorney Lento for your Title IX defense because he has helped hundreds of students across the country successfully defend and defeat Title IX and other misconduct charges. Call 888.535.3686 or go online now for premier Title IX defense services.