Doe v. University of Cincinnati
United States Court of Appeals for the Sixth Circuit
872 F.3d 393 (2017)
John Doe (plaintiff), a University of Cincinnati (defendant) student, was accused by fellow student Jane Roe of sexual assault; Doe claimed the encounter was consensual, and there was no physical evidence supporting either account. The university held a disciplinary hearing without Roe present and suspended Doe based solely on Roe's hearsay statements to investigators, without giving Doe any chance to confront her. The district court found Doe likely to succeed on his due-process claim and preliminarily enjoined the suspension, and the university appealed.
Whether the Due Process Clause guarantees fundamentally fair procedure for state university students facing long-term suspension or expulsion, including the right to confront witnesses.