Fourth Circuit Affirms Due Process Right to Cross-Examination in Student Discipline

Successfully argued a matter in the Fourth Circuit Court of Appeals which resulted in the establishment of a due process right to cross-examination in the university disciplinary context. The plaintiff, a former student of the University of North Carolina at Chapel Hill sued the University after he was found responsible for sexual assault and expelled. Defendants appealed the District Court’s decision denying its motion to dismiss. The Fourth Circuit reversed in part, affirmed in part, and dismissed in part. As part of its decision, the Court made clear that, going forward, the right to cross-examination in student disciplinary proceedings will be deemed a clearly established right for due process purposes.