The Last Detective - Nardizzi Inc.

Private colleges, cross examination and sexual misconduct investigations

To meet standard of “basic fairness” under state law, do private colleges have to provide opportunity for cross examination as part of a sexual misconduct investigation?

The 1st Circuit held: NO - Massachusetts Supreme Judicial Court has made it clear [Schaer v. Brandeis in 2000] that private colleges are not required to comply with federal due process to provide basic fairness to students in disciplinary investigations such as an opportunity to cross examine witnesses. Judge Lynch wrote: "BC is not a public university or a government actor and is not subject to due process requirements.”

The Goodell Detective Agency: Why the NFL Botches Investigations

The Goodell Detective Agency: Why the NFL Botches Investigations featured in Pursuit Magazine

"Goodell often trumpets the hiring of retired law enforcement agents and prosecutors with fancy titles to investigate on behalf of the league. But once defanged of the powers they had as law enforcement (the ability to issue subpoenas), these former agents have proved inept at obtaining information that more creative investigative reporters seem to obtain on a regular basis. Information, after all, is usually the first line of defense….

Like a footballing Clouseau, the lead detective—Goodell—takes the hits and makes us laugh while the bloated billion-dollar empire rolls on, heedless of the damage left in its wake."