As I have written on several occasions during the past week or so, when a college violates the legal rights of a student accused of misconduct, and its own rules for addressing such a complaint, the accused student can suffer life altering consequences. The important case of Klocke v. University of Texas at Arlington that we filed last week (UTA Complaint) illustrates just how quickly and arbitrarily a college can act, leading to the most tragic outcome from the unimaginable stress and pain that an unfairly treated, accused student can suffer. It also serves to underscore why significant reforms to ensure fundamental fairness in the campus disciplinary process are so necessary, as recently recommended by the very highly regarded American College of Trial Lawyers in its March 2017 “White Paper on Campus Sexual Assault Investigations.”
According to Ashe Schow’s article on Watchdog.org, “if every other egregious example of a male student denied due process after being accused of sexual misconduct gets ignored – this one should not be.” Ms. Schow further writes “college administrators, as well as members of the media and legislators, would do well to remember the name Thomas Klocke.”
It is our hope and belief that this lawsuit will highlight why accountability through the judicial process may help to promote the occurrence of much needed reforms to ensure fairness above all else, when a college student faces a misconduct accusation. It is our further hope that the information we continue to provide about this lawsuit, and the circumstances giving rise to it, will educate college students and their families about the need to take accusations of misconduct very seriously, and to make sure they find a way to understand what their rights are, and how to protect them. Toward that end, I will be speaking on these topics this evening on Fox News’ First 100 Days, airing at 7PM EST. Follow our Twitter account for live tweets.