Miltenberg: “Colleges Are Using Coronavirus to Restrict How Accused Students Can Defend Themselves: Lawyer,” The College Fix


In-person interviews provide stronger due process. As colleges across the nation send students home and switch to remote classes due to the COVID-19 outbreak, some are moving ahead with even more stressful activities: Title IX proceedings. Nesenoff & Miltenberg partner Andrew Miltenberg told The College Fix that his firm is representing accused students experiencing such treatment at more than 50 schools. Even his clients who have tested positive for the novel coronavirus have been told that their interviews with investigators would be delayed by only a week, according to the lawyer. He shared recent communications with three universities on behalf of clients: Purdue University’s Fort Wayne campus, Loyola University Chicago and Syracuse University. The students accused of sexual misconduct at Purdue and Loyola have taken “social distancing” precautions urged by their schools, but those two universities have refused to reschedule their proceedings in light of coronavirus-related disruptions. Remote interviews with the parties in proceedings raise due process issues, Miltenberg told The Fix in a phone call Sunday.

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