including 
Michigan, 
Ohio, 

Kentucky 
and 
Tennessee, 

thus 
requiring 
them 
to 

reconfigure their procedures 
for sexual assault hearings 
and investigations

In 
the 
University’s 

amended policy, the in-person 
hearing will be facilitated by 
a trained officer. The details 
of the policy expected to 
be released later this fall 
are still being ironed out. 
As of now, officials offer 
students involved in sexual 
misconduct cases, as opposed 
to their advisers, will likely 
be required to ask questions 
at their hearing.

In the Public Affairs press 

release detailing this policy 
revision, 
Jeffery 
Frumkin, 

the new interim Title IX 

coordinator 
and 
senior 

director at the Office for 
Institutional 
Equity, 
said 

OIE will try to maintain as 
sensitive and informed of a 
process as possible while still 
being in accordance with the 
ruling.

“We 
believe 
that 
an 

appropriate 
and 
lawful 

hearing model is one in which 
cross-examination is allowed, 
but in a less intrusive, more 
trauma-informed 
manner 

that allows parties to submit 
written 
questions 
through 

a neutral hearing officer to 
ask of the other party and 
witnesses,” 
Frumkin 
said. 

“However, 
we 
will 
move 

forward with the process that 
best meets the needs of our 
community as well as adheres 
to the new requirement.”

The changes to this policy 

will be considered temporary 
for a period of time while the 
University determines how 

the community assesses the 
effectiveness of the policy. 
The policy was last revised in 

Februrary 
to 
broaden 

definitions of gender-
based 
harassment 

and 
intimate 
partner 

violence. 

In appealing the Sixth 

Circuit’ original ruling, 
the University filed a 
brief argued a cross-
examination 
process 

could create a hostile 
environment for both 
parties. 

“Requiring 

universities 
to 
allow 

cross-examination 
by 

counsel 
will 
convert 

disciplinary proceedings 
into 
full-scale 

adversarial 
hearings, 

with 
the 
university 

forced to preside,” the 
University’s brief read. 

“Moreover, the panel opinion 
introduces new opportunities 
for 
unfairness, 
with 

economically 
advantaged 

parties 
likely 
represented 

by 
counsel, 
and 
others 

essentially 
appearing 
pro 

se or with only non-lawyer 
family members or support 
persons.” 

By the end of September, 

however, 
another 
brief 

filed indicated adminstrators 
would move forward with 
the live hearing model. 

“(The University) is no 

longer contesting whether 
the 
investigative 
model 

they have used to date is 
sufficient, and understand 
that 
they 
must 
provide 

students in Title IX cases 
with a live hearing including 
cross-examination,” 
the 

filing reads. 

Public Policy senior Lena 

Dreves told The Daily last 
month she feels the Sixth 
Circuit’s 
decision 
poses 

significant issues, especially 
if 
students 
are 
allowed 

to bring in a professional 
advocate.

“(T)he 
University 
must 

take the lead when it comes 
to 
defending 
the 
most 

financially 
vulnerable 

students 
on 
campus, 

especially those who may 
not be able to hire a lawyer,” 
Dreves wrote in an email. 
“It is incorrect to assume 
that 
due-process 
cannot 

be accomplished by a third 
party 
cross 
examination. 

These are not full-on judicial 
proceedings, nor should they 
be. To allow the accuser the 
option of hiring a lawyer 
and directly confronting the 
accused would not only add 
complexities 
for 
survivors 

coming 
forward, 
but 
it 

would give advantages to 
the ‘financially better off’ 
student.”

NEUBACHE R AWARD

2A — Thursday, October 25, 2018
The Michigan Daily — michigandaily.com
News

MIKE ZLONKEVICZ/Daily

Dr. David Chesney, COE professor, receives the James T. Neubacher Award in the Neubacher Ceremony at Rackham Wednesday morning. 
Dr. Chesney was recognized for his impact on people with disabilities through his engineering courses based in improving accessibility. 

POLICY
From Page 1A

TUESDAY:
By Design 

THURSDAY:
Twitter Talk

FRIDAY:

Behind the Story

WEDNESDAY:

This Week in History 

MONDAY:

Looking at the Numbers

sav
@Savanahlitton

I would rather have mumps 
than go to MSU

Robert Lesser
@RobertLesser_

Shabbat shalom let’s get this 
challah

Dr. Kristi MacCready
@KristiGdanetz

Got hit by a student driving 
a bird scooter on campus 
today #hatethosethings

Ramshorn PR
@Kubitzkid

Almost hit someone on a bike 
today and they had the nerve to 
be angry.

We are on campus property! I 
would’ve had to pay your tuition! I 

would’ve been doing you a favor!

Gabe
@gabeblatz

found out i’m a fraud. I always 
retweet things about letting a bus 
hit you on campus and getting 
that check and today I had the 
opportunity and i choked. 

jo
@jo_tuthill

how was i not born with 
strong monkey arms to swing 
me from tree to tree high 
above the students of umich

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Requiring 

universities to 
allow cross-
examination 
by counsel 
will convert 
disciplinary 
proceedings 
into full-scale 

adversarial 

hearings, with 
the university 
president forced 

to preside

