“Lack of due process” was one of the topics of my Title IX discussion with Dan Mandis last week. We did not get to address what that familiar, yet obscure, phrase really means. In the university setting, lack of due process means:
1) you receive no knowledge of what you are actually accused of doing or when you did it;
2) you have no ability to cross-examine witnesses against you, or even see them face-to-face;
3) you have no ability to force the “investigator” to interview witnesses you provide;
4) one person conducts the entire investigation and makes a biased report for the director of title IX or a panel;
5) and you have no legitimate appeal opportunity.
That is what anyone would call UNFAIR!