Sixth Circuit: John Doe v. David Baum

Where the facts are in dispute and there are competing narratives of events, due process requires that public universities allow either the accused student of his or her representative directly to question the accuser.

A judicial proceeding in which everyone of one gender is believed and all those of the other gender are disbelieved states a claim under Title IX.

Concurrence -- Title IX violation states a claim; some grounds for the claim improperly excluded by this holding, as they're more appropriate to the summary judgment standard.

Dissent -- Due Process right to confront the witness can be vindicated by written questions.  Insufficient particularized causal connection for Title IX claims.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0200p-06.pdf