The Third Circuit took a hammer to USciences’ single-investigator model in this opinion, overturning the district court’s dismissal of Doe’s Title IX claim. Here is an excerpt:

To be sure, the investigator listened to Doe during her two interviews with him. But USciences did not provide Doe a real, live, and adversarial hearing. Nor did USciences permit Doe to cross-examine witnesses—including his accusers, Roe 1 and Roe 2. As we explained above, basic fairness in the context of sexual-assault investigations requires that students accused of sexual assault receive these procedural protections.

Thus, Doe states a plausible claim that, at least as it has been implemented here, the single-investigator model violated the fairness that USciences promises students accused of sexual misconduct.

Read the full decision in our Title IX Legal Database.

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About the Author

Jonathan Taylor is a Title IX advisor, the founder of Title IX for All, and the creator of its databases on Title IX litigation and enforcement.

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The Third Circuit took a hammer to USciences’ single-investigator model in this opinion, overturning the district court’s dismissal of Doe’s Title IX claim. Here is an excerpt:

To be sure, the investigator listened to Doe during her two interviews with him. But USciences did not provide Doe a real, live, and adversarial hearing. Nor did USciences permit Doe to cross-examine witnesses—including his accusers, Roe 1 and Roe 2. As we explained above, basic fairness in the context of sexual-assault investigations requires that students accused of sexual assault receive these procedural protections.

Thus, Doe states a plausible claim that, at least as it has been implemented here, the single-investigator model violated the fairness that USciences promises students accused of sexual misconduct.

Read the full decision in our Title IX Legal Database.

Thank You for Reading

If you like what you have read, feel free to sign up for our newsletter here:

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