Post by Logan on Jun 17, 2016 4:28:37 GMT -6
A former University of Virginia law student filed a federal lawsuit Thursday alleging he was denied due process when he was found responsible of sexual misconduct with an intoxicated student and given a lifetime ban from U.Va. property.
The suit against the U.S. Department of Education and its Office for Civil Rights challenges OCR’s 2011 “Dear Colleague” letter advising colleges that under Title IX they must use the lower civil standard of proof in adjudicating sexual assault cases.
According to the suit, a retired judge who served as the fact-finder in the U.Va. proceeding found in January this year that unidentified plaintiff “John Doe” did not have “effective consent” for an August 2013 sexual encounter because of the alcohol consumption of the other law student, “Jane Zoe.”
The lawsuit states that the retired judge called the decision “very close” and said she was required by OCR to use “the weakest standard of proof.” That requirement was “first and foremost” in her rationale for holding him responsible, the suit states.
Read more: www.richmond.com/news/virginia/article_1b694331-ae2a-5e8f-bc8d-17382eadd98e.html
The suit against the U.S. Department of Education and its Office for Civil Rights challenges OCR’s 2011 “Dear Colleague” letter advising colleges that under Title IX they must use the lower civil standard of proof in adjudicating sexual assault cases.
According to the suit, a retired judge who served as the fact-finder in the U.Va. proceeding found in January this year that unidentified plaintiff “John Doe” did not have “effective consent” for an August 2013 sexual encounter because of the alcohol consumption of the other law student, “Jane Zoe.”
The lawsuit states that the retired judge called the decision “very close” and said she was required by OCR to use “the weakest standard of proof.” That requirement was “first and foremost” in her rationale for holding him responsible, the suit states.
Read more: www.richmond.com/news/virginia/article_1b694331-ae2a-5e8f-bc8d-17382eadd98e.html