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DOE v. BAUM

No. 17-2213.

903 F.3d 575 (2018)

John DOE, Plaintiff-Appellant, v. David H. BAUM; Susan Pritzel; Tabitha Bentley; E. Royster Harper; Nadia Bazzy; Erik Wessel; University of Michigan; Board of Regents of the University of Michigan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 7, 2018.

Attorney(s) appearing for the Case

COUNSEL ARGUED: Deborah L. Gordon , Deborah Gordon Law, Bloomfield Hills, Michigan, for Appellant. David W. DeBruin , Jenner & Block, LLP, Washington, D.C., for Appellees. ON BRIEF: Deborah L. Gordon , Irina L. Vaynerman , Deborah Gordon Law, Bloomfield Hills, Michigan, for Appellant. David W. DeBruin , Jenner & Block, LLP, Washington, D.C., Brian M. Schwartz , Miller, Canfield, Paddock, and Stone, P.L.C., Detroit, Michigan, for Appellees.

THAPAR, J., delivered the opinion of the court, in which GIBBONS, J., joined, and GILMAN, J., joined in part. GIBBONS, J. (pg. 588), delivered a separate concurrence. GILMAN, J. (pp. 588-93), delivered a separate opinion concurring in part and dissenting in part.

OPINION

Thirteen years ago, this court suggested that cross-examination may be required in school disciplinary proceedings where the case hinged on a question of credibility. Flaim v. Med. Coll. of Ohio, 418 F.3d 629, 641 (6th Cir. 2005). Just last year, we encountered the...

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