A recent finding against the University of Denver (DU) may put pressure on universities to stick closely to their own procedures when disciplining students. The Supreme Court's ruling sides with students regarding their right to a fair disciplinary process.

If you're a college student, this ruling highlights the importance of paying close attention to school policies. Most institutions of higher learning have those policies in writing, accessible to students, but it can be easy to miss them with all the excitement of starting college.

The Lento Law Firm Student Defense Team works with students going through college disciplinary processes. If you're facing possible discipline at a college or university, our team can help. Call us at 888-535-3686 or complete our online form to get in touch with us.

The DU Decision

In 2016, a student at the University of Denver, known as John Doe, was expelled for alleged nonconsensual sex with another student, known as Jane Roe. Although Doe appealed the decision, DU stuck by it, so Doe sued.

As of 2024, not one, not two, but three state appellate bodies have sided with Doe. The issue at hand is the fact that DU had established procedures for disciplining students but failed to follow those procedures in Doe's case. Specifically, Doe's appeal criticizes the following:

• Selective interviewing of witnesses. Doe argued that DU interviewed 11 of Roe's witnesses while skipping all five of his witnesses.
• Withholding crucial information, including details from the Sexual Assault Nurse Examiner report, that would provide clarity on the case.
• Leaving out information that might demonstrate a motive for Roe to claim sex with Doe was non-consensual.

At issue is the fact that DU didn't follow its own procedures while gathering information and making its decision. DU promises a “thorough, impartial, and fair” investigation, and the Supreme Court believes that DU did not follow through on that promise.

The ruling was based on the trial court's ruling, not the actual merits of the case. It allows Doe to proceed with his Title IX claim against the university.

Your Rights as a Student

If your university administration starts the disciplinary process against you, the first step should be to review school policies. The process should be documented, taking you step by step through how things will work. It's also important to thoroughly review the policies you allegedly violated so that you can prepare to state your case.

As the recent DU ruling shows, students have rights when it comes to disciplinary action. Every student is entitled to due process, and that process should be both fair and unbiased. In some cases, students and their families can monitor this process themselves, but there are instances where you'll need an experienced legal team to serve as your ally.

The Lento Law Firm Student Defense Team helps students facing disciplinary action at the college level. If you're dealing with disciplinary action at any institution of higher learning, our team can take a look at the school's documented procedures and advise you throughout the process. Contact the Lento Law Firm Student Defense Team at 888-535-3686 or complete our online form.