Just in: Judge denies summary judgment to @OhioState in due process case involving med student whose accuser filed TIX claim two days after she was told she'd be expelled for poor grades. 
Key issue in case was Ohio State's decision to conceal from acc'd student the timeline (that the accuser had rec'd the dismissal notice two days before filing her claim, thereby raising possible motive to lie).
Judge notes that reasonable jury could conclude accuser "was not truthful" in rermarks about rel/ship between academic dismissal notice & decision to file TIX claim.
Judge adds that OSU adm'r at hearing could have provided panel w/accurate info, but elected not to do so.
Judge also highlights inconsistency b/w panel's after-the-fact affidavits (which used identical language to claim they did consider possible academic motive to lie) w/their remarks at hearing, which suggested no such thing.
Continued impact of CA6 Cincinnati decision, as another district court in area stresses importance of meaningful x-exam in TIX proceedings.
Judge cites Brandeis decision & notes that zeal of univs has led to deprivation of rights of accused:
Heart of ruling: reasonable jury could conclude OSU adm'r knew accuser lied to hearing panel & did nothing about it.
Wow. Judge also reconsiders his earlier decison in light of fuller record, & says acc'd student might have due process right to present expert testimony (he had hired at OSU prof to challenge accuser's claim of incapacitation).
Full ruling in case (89th time university on losing end of due process decision since Dear Colleague letter) is here:
kcjohnson.files.wordpress.com/2018/04/ohio-s…
kcjohnson.files.wordpress.com/2018/04/ohio-s…
