Gomes v. University of Maine System

A female student (the complainant) filed a police report with the Old Town Police Department alleging that Gomes and Minor (plaintiffs), two male students at the University of Maine (defendant), had sexually assaulted her. She also filed a university incident report, which initiated proceedings under the university’s Student Conduct Code. Pursuant to the Student Conduct Code, a university official, designated as the “officer,” investigated the incident and referred the case to the hearing committee. The hearing committee held a hearing and allowed both the officer, who served as the “prosecutor” of the case, and Gomes and Minor, who were both represented by counsel, to examine and cross-examine witnesses. The hearing committee concluded that Gomes and Minor had violated the Student Conduct Code and suspended each for one year. Gomes and Minor appealed to the appeal committee, which affirmed the hearing committee’s decision. Gomes and Minor then appealed to the university president’s designee, who also affirmed the decision. Gomes and Minor then filed a lawsuit against the university, arguing that their due-process rights had been violated because they were not provided with the complainant’s statement to the Old Town Police Department, which contained her own conflicting statements and inaccuracies, even though it was provided to the university’s officer by the district attorney prior to the hearing.