Circuit Split on Student’s Due Process Right to Cross-Examination in Title IX Matters

By Susan Friedfel, Crystal L. Tyler, and Jason Ross, of Jackson Lewis   Constitutional due process does not mean a student accused of assault has the right to directly cross-examine his accuser in adjudications under Title IX of the Education Amendments of 1972 at state institutions of higher education, the federal appeals court in Boston has held. Haidak v. University of Massachusetts-Amherst, No. 18-1248 (1st Cir. Aug. 6, 2019).   This puts the U.S. Court of Appeals for the First Cir