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
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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