In this administrative disciplinary action concerning an alleged violation of the a College's code of conduct based on a student [Complainant] claim of having been sexual assaulted by another student [Petitioner], Petitioner alleged that he had been denied administrate due process.
The Appellate Division observed that:
1. "In general, there is a limited right to cross-examine an adverse witness in an administrative proceeding, and the right to cross-examine witnesses generally has not been considered an essential requirement of due process in school disciplinary proceedings"; and
2. "[It] is well established that once having adopted rules or guidelines establishing the procedures to be followed in relation to suspension or expulsion of a student, colleges or universities — both public and private — must substantially comply with those rules and guidelines".
Because the Complainant was [a] absent from the hearing and not subject to cross-examination, and [b] the sole evidence relied upon by the Board regarding [the Complainant's] alleged lack of consent were the Complainant's written statements describing the incidents, the Appellate Division held that "the [Board] failed to substantially comply with its own procedures concerning the right to cross-examination in the context of Title IX administrative hearings, prejudicing [Petitioner} and, thus, the [Board's] determination must be annulled."
Click HERE to access the Appellate Division's decision posted on the Internet.