Litigation

“ The private interest at stake in this case is substantial. A finding of responsibility for a sexual offense can have a lasting impact on a student's personal life, in addition to his educational and employment opportunities, especially when the disciplinary action involves a long-term suspension. Thus, the effect of a finding of responsibility for sexual misconduct on a person's good name, reputation, honor, or integrity is profound. When a student faces the possibility of suspension, we have held that the minimum process a university must provide is notice of the charges, an explanation of the evidence against the student, and an opportunity to present his side of the story before an unbiased decision maker. In some circumstances [such as] where factual issues are disputed [and the student is not permitted to attend the adjudication proceeding], notice might also be required to include the names of witnesses and a list of other evidence the school intends to present. Furthermore, if the credibility of an alleged victim is at issue, the university must provide a way for the adjudicative body to evaluate the victim's credibility and to assess the demeanor of both the accused and his accuser. But the protections afforded to an accused, even in the face of a sexual-assault accusation, need not reach the same level that would be present in a criminal prosecution.” (internal citations omitted)