July 9, 2014

Duke Student Sues University For Deprivation of Rights Under Title IX Compliance Policy



[From article]
both law enforcement agencies investigated the claims and did not pursue criminal action against McLeod.
Duke University’s Office of Student Conduct investigated the matter and found McLeod guilty. He was expelled shortly thereafter.
However, a Durham County Superior Court judge granted a preliminary injunction on Thursday; McLeod should not have been expelled, Judge Osmond III ruled, though the university is not required to immediately give McLeod his degree.
McLeod’s lawsuit states that the University executed a “sloppy investigation” and that the trial “violated Duke University’s own written standards for sexual misconduct and student disciplinary hearings, as well as all notions of fundamental fairness.”
Michael Schoenfeld, Vice President for Public Affairs and Government Relations at Duke University, told Campus Reform that “[t]he university engages an independent investigator, and permits both the accuser and accused student to present their views about what happened to an experienced conduct board…[w]hen the conduct board finds a student responsible for sexual misconduct, it determines whether expulsion or a lesser penalty would be the appropriate sanction, based on the specific facts of the individual case.”
Durham attorney Kerry Sutton stated that Duke overstepped its authority by investigating a case that should have been reserved solely by a law enforcement agency.

http://www.campusreform.org/?ID=5656

Duke student expelled for sex assault accusations, sues for his diploma

Samantha Reinis
Campus Reform Intern
@samantha_reinis
on Jun 03, 2014 at 12:44 PM EDT
Lewis McLeod was expelled after Duke's Office of Student Conduct found him guilty of sexual assault.
McLeod is an Australian; he can no longer stay in the country as his job was dependent on obtaining a degree.

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