Suit Seeks to Protect Students Accused of Sexual Assault

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In a groundbreaking move, the first-ever prospective class-action lawsuit that would benefit students accused of sexual assault has been filed against a university, potentially reversing the outcomes of dozens of sexual violence cases.

Experts say the suit against Michigan State University is a clever legal maneuver that takes advantage of a significant ruling in the U.S. Court of Appeals for the Sixth Circuit. Judges determined in September 2018 that students accused of sexual assault, or their representatives, had a right to directly question their accuser, which legal experts said would reshape the notion of due process in these cases.

Andrew Miltenberg, the lawyer representing the accused student, amended the complaint this month and requested class-action status. The court would need to be persuaded that enough current or former students accused of sexual misconduct may have been denied due process to justify them as a class. Michigan State could also request that the case not be classified as a class action. A spokeswoman for the university declined to comment.

Miltenberg, a managing partner at Nesenoff & Miltenberg, said his client is not asking for monetary damages, but rather that sanctions imposed on these students be reversed.

Several Michigan State students have approached his firm about flaws they perceived in their Title IX cases and problems with the university’s processes, he said. After researching the number of potential accused students and after the Sixth Circuit decision in September, Miltenberg said he believed the class action was possible.

The lawsuit’s success hinges on whether the right to cross-examination was a key factor in every Title IX case at Michigan, said David A. Russcol, a lawyer specializing in Title IX at Zalkind Duncan & Bernstein in Boston. Russcol reiterated that the Sixth Circuit has been strong on issues related to due process.

“It certainly does make it plausible that with the dozens of cases at Michigan State over several years, it could raise these issues,” Russcol said.

Article by Jeremy Bauer-Wolf; Read full Article at Inside Higher Ed