First Circuit finds no right to cross-exam witness in sexual misconduct disciplinary hearing. On any given day, when schools are in session, university students can end up wandering around as they wonder what to do. Groups of friends and acquaintances meet up at a local hangout and run into strangers who will become friends. Sometimes they consume alcohol, and sometimes they don’t. Sometimes they flirt, and sometimes they don’t.
Students who attend Boston College may be vaguely aware of the Student Conduct Handbook. They may know that there are consequences to actions, and there are forums to disprove an accusation. What they may not be aware of is that the Student Conduct Handbook creates a contract between the student and Boston College and that that contract rules disciplinary matters regarding allegations of sexual misconduct.
In November 2018, a female student (Roe) accused a male student (Doe) of sexual misconduct. Boston College investigated the incident by interviewing both students separately and on multiple occasions as well as interviewing witnesses, finally issuing a 60 plus page report. As a result of a finding of sexual misconduct, Doe was suspended for one year (2019-2020).