When students and their families tell me that they "want to sue" after being found responsible for sexual assault at a University Hearing, they generally believe that the court can be used as a sort of "super appeals court" to have their hearing redecided on the merits; generally this is precisely what the courts will not do, but the recent John Doe v. Miami University decision has given some life to this use of the courts to challenge Title IX sexual assault cases (if you are not familiar with the facts of this case, see Part 1 of this series). The 6th Circuit Court of Appeals has said that if an accused can show "'(1) "facts sufficient to cast some articulable doubt on the accuracy of the outcome of the disciplinary proceeding" and (2) a "particularized . . . causal connection between the flawed outcome and gender bias,"'" then the accused can challenge the outcome in court with an "erroneous outcome" claim.
We have heard that the government is not supposed to deprive us of "life, liberty, or property" without "due process of law," but, in the context of university discipline hearings, the question is, "what does 'due process' mean?"