Ehlert Hicks filed a petition for certiorari
in the U.S. Supreme Court, along with co-counsel Jocelyn Sperling
, Joshua Engel
, Lara Bazelon
, and Dan Roth
. The case presents a significant question concerning the procedural due-process rights of state university students and has been listed as a “featured petition” by SCOTUSblog.
Petitioner Doe was a psychology graduate student at Sonoma State University who was suspended for more than a year after one of her fellow graduate students accused her of lewd behavior during a classroom exercise. Doe missed the entire second year of her master’s program as a result of her suspension, during which she never received a hearing or meaningful opportunity to confront the evidence and witnesses against her. She was ultimately exonerated of any wrongdoing.
The cert petition asks the Court to resolve a Circuit split concerning what university students must allege to plead that university disciplinary proceedings have violated their Fourteenth Amendment Due Process rights. On January 18, 2022, the Supreme Court called for a response from Respondents, due on February 18.