, 9 tweets, 2 min read
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Court in UConn due process case is "troubled" by university's procedure-
Acknowledges severe "potential damage" of university's sanction -
Court: "[G]iven all the circumstances that I've described, why not hear from the four witnesses at the hearing, which was the bulk of the plaintiff's defense?"
When UConn's lawyer misstates university policy, judge says "No. Actually, I'll read it to you."
And how about these mental gymnastics from UConn's lawyer: "[I]f she's sitting on someone's lap gyrating, is that really initiating sexual activity?"
As UConn's attorney becomes increasingly evasive and disingenuous, the judge gets fed up: "Oh, come on. I thought you were going to be serious about this."
It just keeps getting better...
Court: It is an "open question" whether cross-examination is necessary for campus due process in the Second Circuit.
Judge is highly skeptical that UConn's process is constitutional: "Why is that compliant with due process?"
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