We have done more non-academic misconduct, include Title IX hearings in the past couple of years. They are unlike anything else that we do. The hearings are not like court hearings in that in some situations, the complaining witness does not even need to testify in order for a finding to be made against the client when they are students at a university. The punishment for non-academic misconduct can include suspension or expulsion from a university. Even if the student is never charged criminally for the conduct.
That is what we had in this case. Client is getting his Ph.D. at UW and is accused of multiple misdemeanor charges. The initial report made by the complaining witness described her assailant, which in no way matched that of our client. No matter, the university pressed forward. The request by the university was suspension for 2 years.
A hearing was held regarding whether the client would be punished by UW for his behavior and the university did not call the complaining witness to testify. There was no cross examination of her regarding the clear misidentification in the case. The hearing panel made the determination that the client was responsible for the action and expelled him from the university.
We appealed that ruling to the chancellor, who upheld the expulsion.
Undeterred, we appealed to the Board of Regents requesting they review the matter. The Board agreed with the client's claims that his constitutional right to due process may have been violated by not having the complaining witness testify. This ruling may allow the client to finish his Ph.D. In all the years we have been doing these, this was the first time the board intervened on behalf of a student.