But that has nothing to do with the university publically defaming all the members of the fraternity and going outside their own published due process. It will be compounded if the university never saw the complete video only the screen shot version that was heavily edited before they passed judgement. That is what is going to turn the suit one way or another. All the university’s comments are public and all the steps they took published through correspondence with the individuals.
Now because of the suit the university has to defend their own language and reconcile their actions against their very own code of conduct around prohibited speech and published documents around process. They will also need to prove that those kids are able to complete their labs and coursework as the uni claims and that they are not effectively suspended by virtue of lack of access to the education they paid for and may have been deprived of the published due process. Right now from where I sit it is all in the hands of the uni and their response.