U of Cincinnati Pays $47K to Student Deprived of Due Process Rights

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TOM CICCOTTA

A student at the University of Cincinnati is about to receive a $47,000 settlement as a result of the university’s failure to allow him to defend himself against sexual assault accusations.

The male graduate student, named John Doe in the suit, sued the university in 2016 over their refusal to allow him to defend himself after he was accused of sexual assault by a classmate. In the lawsuit, Doe alleged that he was never given a real chance to defend himself against the allegations. Doe was suspended immediately following the investigation.

In November 2016, U.S. District Judge Michael Barrett issued an injunction preventing the university from imposing the suspension on Doe until the case had been heard by the court system. In November 2018, the university and Doe signed a settlement agreement for $47,152.

Doe’s attorneys argued that the school unfairly favored the female student to appease those who might accuse them of not protecting female students from sexual assault.

“UC’s decision-makers and its investigator were motivated to favor the accusing female over the accused male, so as to protect themselves and UC from accusations that they had failed to protect female students from sexual assault,” the lawsuit reads. “Schools treat male students accused of sexual misconduct with a presumption of guilt.”

As a result of the settlement, the results of the botched 2016 hearing will not appear on Doe’s official school record. His internal school record will also be expunged. Despite the concessions that the university made as a part of the settlement, they refused to admit liability or wrongdoing in the matter.

This is allegedly the first Title IX case that the University of Cincinnati has settled with an accused student.

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