Miami University Student Accused of Sexual Assault Back On Campus After Federal Court Judge Finds His Rights Were Violated

Scott Sutton

Miami University Journalism Student

A Miami University student accused of sexually assaulting a female student in 2016 is back on campus after a federal judge ruled that university administrators violated his due process rights in its investigation.

U.S. District Court Judge Michael Barrett ruled last month the university violated the accused student's due process rights when an internal panel considered written statements by a female student who accused him of sexually assaulting her in an alley near a residence hall in November 2016.

The university did not allow for the female victim to be cross-examined.

Miami, through its lawyer, declined to comment on the ruling or its next steps in the case. It also could not be determined if the female student remains on campus.

The male student, known as John Nokes in courts records, was kicked out out of Miami last spring after a female student, known only as Jane Doe in records, accused him of performing unwanted oral sex in an alleyway by a residence hall as the students were walking home from Uptown Oxford. The student was accused of violating the University's Sexual Code of Conduct.

Nokes' has maintained that the sex was consensual.

Nokes' lawyer, Joshua Engel, believes that there were many flaws in the woman’s account.

“We did not ask, and will never ask, the school to declare if this incident happened,” said Engel. “Cross-examination is a valuable tool because it helps reveal the truth. Three people (gave) written statements but nobody had the right to cross-examine them, he didn’t have the right to ask any questions”

Title IX and The Right To Due Process

Title IX states that a single instance of sexual violence is sufficient to qualify as creating a hostile education environment. Sexual assault cases have been prevalent across colleges in Ohio as well as colleges across the country. The right to due process has become a major factor in these cases.

Engel says that he has dealt with similar cases at the University of Cincinnati, The Ohio State University, Xavier University and Wright State University.

“Schools around the country are pursuing an effort of a desired outcome,” Engel said. It’s only people who are afraid of the truth that are willing to short change due process.”

Photo - U.S. District Court Judge Michael Barrett ruled on the Nokes case last month.