By Steven Richard ( September 13, 2018, 12:30 PM EDT) -- Sexual misconduct investigations and hearings often present conflicting statements and vexing issues when examining questions of consent. Credibility assessments of the complainant and respondent, as well as third-party witnesses, can tilt the evidentiary scale in support of a finding of responsibility or nonresponsibility, particularly under a preponderance of evidence standard. Increasingly, courts have held that due process is violated where a disciplinary proceeding did not provide an accused student with a meaningful opportunity to cross-examine a complainant or witnesses and test the credibility of statements supporting the accusations. In the absence of such cross-examination, courts have found deprivations of a respondent's constitutionally protected interests, as sexual misconduct findings and adjudications can impose immediate and lasting impacts on an accused student's education and career....