Saif Ullah Rate My Professor

[Nina Zahra]

Theopinion serves as a warning to institutions and the federal Department of Education as it readies new Title IX regulations that would remove many of the due process protections the Connecticut Supreme Court recognized as essential for fundamental fairness.

The plaintiff, Saifullah Khan, brought a defamation case against his classmate who accused him of sexual assault in 2015, for allegedly making false statements during the campus proceedings which resulted in his expulsion from Yale university. Yale stayed its proceedings pending the outcome of criminal proceedings related to the same allegations, and Khan was allowed to resume his education in 2018 after he was acquitted of the criminal charges.

But soon after he resumed his studies, the campus newspaper reported on his case, which also resulted in new allegations against him. Yale demanded that Khan undergo a mental health evaluation, which he agreed to, but suspended him again when he refused to meet with campus administrators. Yale launched a new hearing regarding the 2015 allegations, and the accusing student, who had already graduated, provided a statement via teleconference, but she was never put under oath.

At the conclusion of the hearing, which was devoid of basic procedural protections, Khan was expelled from Yale, and subsequently brought the defamation suit against his accuser at the heart of this case.

[A] proceeding [is] quasi-judicial only when the proceeding at issue is specifically authorized by law, applies law to fact in an adjudicatory manner, contains adequate procedural safeguards, and is supported by a public policy encouraging absolute immunity for proceeding participants.

Setting the table, the Court acknowledged the importance of campus disciplinary proceedings to ensure students learn in a campus environment free from sexual violence. But rather than decide that the goal of a sexual-violence-free environment justified curtailing due process, the Court offered a compelling statement about why those procedural rights are so important:

[W]e must recognize a competing public policy that those accused of crimes, especially as serious a crime as sexual assault, are entitled to fundamental fairness before being labeled a sexual predator. Statements made in sexual misconduct disciplinary proceedings that are offered and accepted without adequate procedural safeguards carry too great a risk of unfair or unreliable outcomes.

Hopefully, the federal Department of Education and lawmakers across the country will recognize that institutions must be required to provide meaningful procedural protections during campus disciplinary hearings.

The Court then discussed each shortcoming which undermined the reliability of the proceedings. The missing safeguards discussed in the opinion are some of the same protections we judge institutions on in our annual Spotlight on Campus Due Process report, where we rate the fairness of campus disciplinary proceedings. Although they are each noteworthy, two of the shortcomings emphasized in the opinion in particular stand out: the lack of a right to active assistance of counsel and the failure to provide meaningful opportunity to cross-examine adverse witnesses in real time. The Court had no trouble recognizing that without active assistance of counsel, a campus disciplinary proceeding is fundamentally unfair:

Our cases recognize that the assistance of counsel during a quasi-judicial proceeding is an important procedural safeguard to ensure the procedural and evidentiary fairness of a judicial proceeding . . . The active assistance of counsel is especially important in settings like the one at issue, when the accused or accuser may lack experience with self-advocacy or representing his or her interests in an adversarial process that involves significant consequences for the individual parties.

Meaningful cross-examination allows for witness testimony to be challenged in real time, whether in person or through advanced video technology that allows for instant two-way communications and follow-up questions. It is equally important, in our view, that the accused and the accuser be provided a chance to cross-examine one another so as to allow the fact finder to assess the consistency of testimony and demeanor of both the parties when their testimony is called into question.

At the time this opinion was written, the Department of Education had proposed amendments to Title IX regulations that would eliminate any cross-examination requirement at postsecondary institutions . . . Regardless of how Title IX regulations may be amended, we conclude that, for absolute immunity to apply under Connecticut law, fundamental fairness requires meaningful cross-examination in proceedings like the one at issue. [Emphasis added.]

The rash on his daughter's face had turned into a large lesion, sore and extremely itchy. Gul Bibi was also running a high fever, and Abdul Wali was worried. The only skin doctor in Zhob district, north west Balochistan, diagnosed her with leishmaniasis, more commonly called "kal-dana" locally.

But in fact there's little awareness of leishmaniasis in rural parts of Balochistan. "When Gul Bibi complained of rash and pain on her cheek, we thought it was a common sore, as skin diseases were widespread in our area after the historic flooding," said Abdul Wali. But weeks passed, the itching grew worse, and the fever set in.

A parasitic infection spread by the sandfly, cutaneous leishmaniasis is spreading fast in Balochistan, with the Federal Ministry of Health reporting a spike in cases in the province in the first quarter of 2022. The majority of people affected were women and children.

In CL, the site of the sandfly bite soon develops a papule or nodule, which may eventually develop into large plaques or ulcerating lesions, depending on the particular species of the parasite, and the host's immune response.

According to WHO data, 186,703 leishmaniasis cases were reported across Pakistan between 2014 and 2018. Balochistan province, where more than 60,000 cases were reported in that time period, appeared to be the epicentre already at the time.

Dr Mubashir Khan, a specialist at Children's Hospital Quetta, said that a major factor behind the recent increase in leishmaniasis cases in both Sindh and Balochistan provinces has been migration from Afghanistan, with most cases reported in the border lands.

Other significant factors are climate change, urbanisation, poor hygiene, and sanitation conditions in rural areas. Sandflies thrive among mud and unplastered houses, especially where livestock are abundant.

That's a potentially deadly concern. Sandflies also spread CL's more dangerous cousin, visceral leishmaniasis, which, if untreated, is fatal in almost every case. WHO estimates 50,000-90,000 new cases of VL a year, concentrated in Brazil, east Africa and India.

A sick five-year-old child from the city of Swat was brought to him at the Civil Hospital Karachi. According to Dr Saifullah, the boy suffered from high grade fever and had several lesions on his nose and face. The boy was weak, suffered chills and rigors, his abdomen distended. He bled from his rectum. It took five weeks of in-patient treatment before the child stabilised, found his appetite again, and began to slowly return to health.

Low stocks of effective medicines at regional health centres mean that thousands of CL patients from rural areas make the journey to the Medicins Sans Frontiers (MSF) leishmaniasis centres at Quetta and Kuchlak in Balochistan, and Peshawar in Khyber Pakhtunkhwa.

"In Balochistan, three well-established cutaneous leishmaniasis centres are providing free treatment," Badar said. "In 2022, nearly 5,974 patients received treatment from [Khyber Pakhtunkhwa] and Balochistan clinics."

Badar explained that prevention and control of the sandflies requires effective integrated vector control management, which is highly complex. "Therefore, our primary focus is on early diagnosis and effective treatment to reduce the prevalence and, thus, the transmission."

MSF is training up local corps of lady health workers (LHWs) to spot and spread awareness of this growing public health problem. These lady health workers visit villages to make people aware of the severity of the disease and explain preventative measures. Those include the use of chemically-treated bed nets, sealing cracks in houses, placing traps in windows, regularly removing garbage and spraying insecticides.

"We are arranging training sessions for Ministry of Health paramedics for the diagnosis and cutaneous leishmaniasis case management. In order to increase access to prompt diagnosis and effective treatment, we will enhance this programme to Bannu and other areas of KPK in the coming months," added Badar. Like Balochistan's, Khyber Pakhtunkhwa's CL caseload has been mounting since 2018.

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Asst. Prof. Dr. Saifullah Khan Durrani has the following degrees : DPT, M.Phil. in Sports Medicine and Manipulative Physical Therapy, Certifieuropean Teaching Group of Medicine, Gold And Silver Medalist, Consultant Ortho Neuro Sports Physiotherapist

Book an appointment or video consultation with the Physiotherapist, Asst. Prof. Dr. Saifullah Khan Durrani, through Marham. Top rated other medical practitioners from different specialties including Physiotherapist, Pharmacist and Fertility Consultant are also on our panel for in-person appointment/booking and online video consultation.

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