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Judge: Banned Miami University student accused of sexual assault can return to class

Judge: Banned Miami University student accused of sexual assault can return to class
Posted at 12:21 PM, Aug 29, 2017
and last updated 2017-08-29 12:54:20-04

OXFORD, Ohio -- A student who was barred from Miami University after he was accused in the sexual assault of a classmate can return to the school, a federal judge has ruled.

In a lawsuit filed in July, the student claimed he was denied due process rights — including an opportunity to confront his female accuser — during a Miami investigation and hearing that led to his being banned from the school for two years.

But a federal judge this week granted the student’s request for an injunction halting Miami’s disciplinary actions — allowing him to re-enroll — while the lawsuit is litigated, according to the Journal-News.

The student, who has re-enrolled, is only identified as “John Doe” in his lawsuit against the Butler County school. The student has previously declined to comment on his lawsuit and the recent injunction ruling.

But his attorney, Josh Engel, told this news outlet, “we are pleased that the court recognized that students have significant due process rights, and that the process used by Miami University in this case violated the students right to fair notice and confront his accusers.”

Miami officials were not immediately available Tuesday to comment on the injunction ruling.

Previously, school officials have said they deny the student’s accusations of bias in Miami’s disciplinary and judicial process.

Miami students returned to classes Monday.

The Journal-News is a media partner of WCPO - 9 On Your Side.