investigators | business fraud | criminal defensesexual misconduct
Private colleges, cross examination and sexual misconduct investigations
Dec.16.2019
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 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.”