Articles Posted in US Court of Appeals for the Sixth Circuit

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In 2008, Arise, a Dayton community school (charter school), faced declining enrollment, financial troubles, and scandal after its treasurer was indicted for embezzlement. The school’s sponsor sought a radical change in administration, elevated Arise’s former principal, Floyd, to superintendent, removed all board members, and appointed Floyd’s recommended candidates to the new board. Floyd set up a kickback scheme, using former business partners to form Global Educational Consultants, which contracted with Arise. Global received $420,919 from Arise. While Global was being paid, Arise teachers’ salaries were cut and staff members were not consistently paid. Arise ran out of money and closed in 2010. The FBI investigated and signed a proffer agreement with Ward, the “silent partner” at Global, then indicted Floyd, Arise board members, and Global's owner. They were convicted of federal programs bribery, conspiracy to commit federal programs bribery, and making material false statements, 18 U.S.C. 666(a)(1)(B), (a)(2); 18 U.S.C. 371; 18 U.S.C. 1001(a)(2). Two African-American jurors reported that they were initially unconvinced; the jury foreperson, a white woman, reportedly told them that she believed they were reluctant to convict because they felt they “owed something” to their “black brothers.” This remark prompted a confrontation, requiring the marshal to intervene.The Sixth Circuit affirmed their convictions, rejecting arguments based on the Supreme Court’s 2017 decision, Pena-Rodriguez v. Colorado. Although Pena-Rodriguez permitted, in very limited circumstances, an inquiry into a jury’s deliberations, this case did not fit into those limited circumstances. View "United States v. Robinson" on Justia Law

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Doe met Roe on Tinder. They eventually met in person. Doe invited Roe to his apartment, where the two engaged in sex. Three weeks later, Roe reported to the University of Cincinnati’s Title IX Office that Doe had sexually assaulted her that evening. No physical evidence supports either student’s version. Five months later, UC cited Doe for violating the Student Code of Conduct. UC resolves charges of non-academic misconduct through an Administrative Review Committee hearing process. UC’s Code of Conduct does not require witnesses to be present. If a witness is “unable to attend,” the Code permits him to submit a “notarized statement” to the Committee. After considerable delay, UC held Doe's hearing. Despite Roe’s failure to appear, UC found Doe “responsible” for sexual assault, based upon Roe's previous hearsay statements to investigators. UC suspended Doe for a year after an administrative appeal. Doe argued that the denial of his right to confront his accuser violated his due process rights. In granting a preliminary injunction against Doe’s suspension, the district court found a strong likelihood that Doe would prevail on his constitutional claim. The Sixth Circuit affirmed. The Due Process Clause guarantees fundamental fairness to state university students facing long-term exclusion from the educational process. The Committee necessarily made a credibility determination and its failure to provide any form of confrontation of the accuser made the proceeding fundamentally unfair. View "Doe v. University of Cincinnati" on Justia Law

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Crosby, a tenured professor at the University of Kentucky’s College of Public Health, brought suit under 42 U.S.C. 1983 and state law, claiming that his removal as Department Chair amounted to a deprivation of his protected property and liberty interests without due process of law. He claimed that the defendants were not protected by qualified immunity and were liable under contract law for monetary damages. Before his removal, Crosby had been investigated for being “[v]olatile,” “explosive,” “disrespectful,” “very condescending,” and “out of control.” The report included an allegation that Crosby stated that the Associate Dean for Research had been appointed “because she is a woman, genitalia” and contained claims that the Department’s performance was suffering as a result of Crosby’s temper and hostility toward other departments. The University declined Crosby’s request to handle his appeal under a proposed Governing Regulation and stated that existing regulations would apply. The Sixth Circuit affirmed dismissal of his claims.Crosby identified no statute, formal contract, or contract implied from the circumstances that supports his claim to a protected property interest in his position as Chair; “the unlawfulness” of the defendants’ actions was not apparent “in the light of pre-existing law,” so they were entitled to qualified immunity. View "Crosby v. University of Kentucky" on Justia Law

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An unidentified individual alleged that Doe had engaged in nonconsensual sexual activities with a female University of Kentucky student. After an investigation, a Hearing Panel found that Doe had violated the Code of Student Conduct and assessed a one-year suspension. The University Appeals Board (UAB), reversed, finding violations of Doe’s due process rights and the Code of Student Conduct because Simpson, Director of the Office of Student Conduct, withheld critical evidence and witness questions from the Panel. After a second hearing, the Panel again found Doe had violated the policy. The UAB reversed, finding due process errors, including improper partitioning of Doe and his advisors from the student, denying Doe the “supplemental proceeding” described in the Code, and ex parte communications between the student, Simpson, and the Panel. A third hearing was scheduled, but Doe sought an injunction, citing 42 U.S.C. 1983, and Title IX of the Education Amendments Act, 20 U.S.C. 1681. Defendants argued that any constitutional problems would be cured in the third hearing, with new procedures. The court granted Defendants’ request that the court abstain from providing injunctive relief under Younger and held that Simpson was entitled to qualified immunity. The Sixth Circuit affirmed the abstention decision, reversed as to Simpson, and instructed the court to stay the case pending completion of the University proceedings. View "Doe v. University of Kentucky" on Justia Law