University of Michigan officials can be held personally liable for violating accused student s rights: judge | The College Fix
The University of Michigan s refusal to recognize an accused student s clearly established due process rights led a federal judge to deny its administrators qualified immunity in the student s lawsuit.
Senior U.S. District Judge Arthur Tarnow went much further, declaring the school s 2018 Title IX policy unconstitutional and an element of the interim policy that replaced it unconstitutional.
John Doe sued the taxpayer-funded institution in 2018 because it placed an indefinite hold on his transcript and degree after a female student accused him of sexual misconduct. It also withheld any form of hearing or cross examination, per its policy that year.
Months later, in a different lawsuit against UMich known as Baum, the 6th U.S. Circuit Court of Appeals ordered public universities in its jurisdiction to allow cross-examination and live hearings when credibility is an issue in Title IX proceedings.