Miltenberg: “Three Education Lawsuits Worth Watching,” Catalyst


In the coming months, many lawsuits will make their way through state, federal, and even the U.S. Supreme Court. Three cases in particular have the potential to shape the future of religious freedom, due process, and freedom of speech in education …  Not all significant education lawsuits are decided at the Supreme Court. The first-of-its-kind class-action lawsuit, John Doe v. Michigan State University could shape due process in the age of #MeToo. John Doe was a sophomore at Michigan State when he was accused of sexual assault. His complaint states that he was suspended on the word of an investigator who served as prosecutor, judge, and jury—without a hearing to confront or question his accuser. Doe argues that Michigan State ignored due process in its pursuit to find him guilty and thereby alleviate the pressure the school faced with the Nassar scandalDepartment of Education investigation, and reports alleging high levels of unredressed sexual assault on campus. “Unfortunately, the misapplication of Title IX has reached new depths at Michigan State,” said Andrew Miltenberg, the lawyer who filed the lawsuit. “Michigan State, in trying to distract attention from its own misdeeds, is consistently and systemically using Title IX as a weapon of law against its accused students, with life-altering consequences for these young men and women.”

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