Worse yet, in this particular case, the university Title IX official may be held liable for assisting the lying student!
“A reasonable jury could find that Natalie Spiert,” sexual violence support coordinator and advocate for “Jane Roe” during the proceeding, “knew or should have known that Jane Roe lied or misled the disciplinary board” and did not correct the record, U.S. District Judge James Graham ruled Tuesday.
Graham denied summary judgment to Spiert (below) on the issue of whether “John Doe” was deprived due process when he was not allowed to cross-examine Roe about her motive to claim that he sexually assaulted her when she did. The judge also vacated his earlier finding that Doe had no right to offer expert testimony on Roe’s state of inebriation.
“Universities have perhaps, in their zeal to end the scourge of campus sexual assaults, turned a blind eye to the rights of accused students,” Judge Graham said in explaining the importance of cross-examination: “Put another way, the snake might be eating its own tail.”
Roe was on the verge of getting kicked out of medical school – for two consecutive years of academic failure – when she first claimed Doe raped her while she was under an alcohol-induced “blackout” 10 months earlier. Doe was on the verge of graduating from a combined MBA/MD program when he was accused.
According to Brooklyn College Prof. KC Johnson, veteran chronicler of Title IX-related litigation, this is the 89th ruling against a college in a due-process lawsuit since the Obama administration imposed new accuser-friendly rules on Title IX proceedings in 2011.