Is there due process in university sexual misconduct cases?

There can be due process in college sexual misconduct cases. It depends on the school involved. If cases are adjudicated under the school's Non-Title IX Sexual Misconduct policy, it is going to depend on whether the school is a public or private institution. At a public college or university, there will be traditional due process under the state and federal constitution. At a private university or college, often it comes down to it being, say, strictly a contractual issue between the student and the school.

Certainly, at a public school, there is traditional due process. A person needs to be afforded due process. There's also due process in the sense of the school needing to follow its own policies. At either a public or private school, the expectation would be that for there to be due process, it would be in a sense of the school following its own policies. If it deviates from that and, say, results in an adverse impact or adverse result to a party, then there would be potential due process violations in that regard. It's a very nuanced consideration and that's why an experienced attorney advisor can help you best understand and navigate what can be a complicated process.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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