[T]he University of Vermont is defending its disciplinary process in the face of a civil rights lawsuit by a student who was suspended for sexual misconduct.
The student, identified as John Doe, alleges he was not given a fair hearing and that the university’s Title IX investigator had a conflict of interest.
The university found John Doe guilty last spring of groping a woman at a party in the fall of 2016. Doe was suspended for the fall 2017 semester, according to the lawsuit.
UVM said Tuesday it had not yet been served with the complaint, which was filed Nov. 22. The student is claiming damages and requests the expungement of his record.
College officials said in a statement that UVM “acted appropriately” and reiterated a commitment to a fair and impartial process of investigating accusations of sexual misconduct.
The lawsuit cites specific incidents of alleged violations of John Doe’s civil rights, including that he was not given the opportunity to seek legal representation.
UVM spokesperson Enrique Corredera said that during a sexual misconduct investigation both parties are given the opportunity for “support,” including legal aid.
“UVM’s process, as required by federal law, allows for both parties, as well as witnesses, to be accompanied to investigatory and other meetings, including sanctioning meetings, by an adviser of their choice,” he said.
Corredera said that UVM staff accompany students in an advisory capacity. Advisers do not have an active role in an investigation.
The lawsuit was filed amid a shift in how colleges are directed to handle sexual assault investigations. In September, U.S. Education Secretary Betsy DeVos rolled back a 2011 directive issued under President Barack Obama.
The guidelines issued in 2011, in a document known as the “Dear Colleague” letter established protections for people who report misconduct. Critics believe the policy violated the rights of the accused.
Under the Obama administration rule, colleges set a “preponderance of the evidence” standard of proof — meaning the evidence shows it is more likely than not that the accused committed an assault.
The Education Department issued new interim guidelines last fall that allow schools to use a higher “clear and convincing evidence” standard of proof in proceedings, which makes it more difficult for victims to prove they were assaulted.
Mariah Cronin, an outreach coordinator at the UVM Women’s Center, said 80 percent of all assaults that occur are not reported and the 20 percent of victims who do report assaults must recount the events. Many victims withdraw their complaints because they don’t want to relive assaults, she said.
“People who have been systemically benefiting (from the Obama administration rule) feel that they are now being disenfranchised,” Cronin said.
