The Right to Confront

July 23, 2015 / Phil Lesch

Inside Higher Ed
July 23rd, 2015

Earlier this month, a California trial court judge ruled that the University of California at San Diego must reverse the suspension of a male student whose due process rights UCSD officials violated during a hearing over allegations he assaulted a female student.

The lawsuit is a rare win for accused male students who turn to legal action after having been found responsible for sexual misconduct. While the lawsuit is unlikely to set any true legal precedent unless the university appeals, some experts say that the case could provide a road map for other suspended or expelled students looking to challenge the way universities adjudicate allegations of sexual assault against them.

“I think if any other judge knows about this case, it’s going to more easily allow them to take a similar stance when they see the outrageous way colleges handle these cases,” said Mark Haberkorn, the lawyer who represented the male student and who is now turning his attention to similar lawsuits. “I don’t think schools should be involved in this process whatsoever.”

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