What happened at Cornell?

Minding the Campus reports.

Now Cornell Is Being Sued

Cornell is the latest university to face a due process lawsuit; last week, attorney Andrew Miltenberg filed a suit in New York’s Northern District. (You can read the complaint here.) The specifics are depressingly familiar—though with something of a twist, since Cornell featured one of the earliest post-“Dear Colleague” letter battles over due process. In 2012, the university administration ignored the prescient warnings of Cornell Law professors, one of whom described the school’s new policy as “Orwellian.” Indeed, the Cornell Daily Sun reported that Mary Beth Grant, who presided over the case that triggered the new lawsuit, “acknowledged the concern expressed by opponents of the change that an increase in allegations of sexual assault will result in more students being falsely accused or found in violation.”

The basics: in December, the two students had intercourse after a night of drinking. Sixty-six days later, the accuser filed a complaint with Cornell, arguing that she was too drunk to have given consent. (It does not appear that she ever reported this alleged crime to the local police.) Cornell, which has moved to the OCR-approved “single investigator” model (in which a person supervised by the Title IX office serves as the equivalent of police, jury, and judge in a criminal trial), then opened an inquiry.


 
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Now Cornell Is Being Sued (Minding The Campus)