“Does that college motherfucker know who I am?” USC Title IX Director Dahlinger asked Title IX Investigator Noonan, after a conference call during which the student, “John Doe,” had explained his intention to appeal. It was a hot mic moment: Dahlinger and Noonan thought the student and his lawyer had already exited the call. The venomous statements of USC’s Title IX team give this case a unique flavor, though the rest of the details make for a textbook Title IX dispute: spurned female student, bad breakup, after-the-fact accusation, total absence of due process, predetermined finding of responsibility. Doe recently filed suit against USC, and a state court issued a stay preventing his expulsion from going into effect.
reason.com By Robby Soave
Monthly Archives: August 2016
COURT ORDERS LA SIERRA UNIVERSITY TO HALT EXPULSION OF STUDENT IN TITLE IX SEXUAL MISCONDUCT CASE
Riverside, CA – La Sierra University has been ordered to stop the expulsion of an international student pending court review of the university’s Title IX sexual misconduct disciplinary process. The stay order, issued July 15, 2016 by Riverside Superior Court Judge John D. Molloy, allows the student to stay enrolled and register for classes for the Fall term. John Doe, as student is identified in court records, claims that the university sought to expel him and to revoke his student visa status on May 10, 2016, without any hearing and without identifying the witnesses against him or disclosing any evidence to him. A court hearing on John Doe’s appeal is scheduled for September 16, 2016.
Over 4,100 colleges and universities, with 20.6 million undergraduate and graduate students, are impacted by efforts of the U.S. Dept. of Education’s Office of Civil Rights to withhold federal education dollars in order to compel colleges and universities to address sexual violence on their campuses. According to court filings, La Sierra University, a private college founded by the Seventh-Day Adventist Church, receives some $30 Million in federal education funds annually.
Case is filed as John Doe v. Marnie Straine, Interim Title IX Coordinator, et al., Riverside County Superior Court Case No. RIC 1606115.
The Reality: American Colleges Railroad the Innocent Schools for decades have denied meaningful due process to students accused of sexual assault, and mandates from the U.S. Department of Education have only made the problem worse. Examples from four elite institutions—Yale, Amherst, the University of North Carolina, and Occidental College—reveal unfair procedures that come close to presuming guilt and severely restrict the opportunity for accused students not only to defend themselves, but even to prove their innocence. The problem continues to grow worse, and there is as yet no sign of a return to due process in campus tribunals.
heritage.org By KC Johnson
An Augustana University student is suing his school after being expelled. The student initially told the school that a fellow student had been falsely telling people he had raped her. He “asked the school to intervene.” Instead, the school went to the accuse and suggested she go to the police. The accuser did so and the accused student was arrested and charged with sexual assault. Just 24 hours after the accused presented evidence that showed he couldn’t possibly have committed the rape as described, the charges were dismissed. Most notably, the accused had lost his feet in a car accident and couldn’t physically have committed the rape. He also mentioned that this particular accuser had previously falsely accused other Augustana students of rape, including an ex-boyfriend. The day after the accused student was arrested, the accuser filed a complaint with the school. Augustana immediately suspended the accused student.
washingtonexaminer.com By Ashe Schow
A new law taking effect this week requires all colleges and universities in Minnesota to allow students to anonymously report sexual assault. Now (male) students can be accused and have no idea, and potentially be investigated without ever knowing the identity of their accuser, giving them no ability to properly defend themselves or confront their accuser. Creating a system that makes it easier for false accusations doesn’t help real victims, but instead clogs the system with witch hunts.
washingtonexaminer.com By Ashe Schow
The suit alleges CU-Boulder violated Title IX through a process that was rigged against Doe as a man from the start. He says his due process rights also were violated, owing to the “single investigator model” in which Tracy-Martinez (adjudicator) ran the entire investigation, determined responsibility and issued a “corresponding finding,” without any opportunity for Doe to appeal: The university’s code does not provide for a hearing on the charges, and the respondent is denied an opportunity to confront his accuser, question any witnesses against him and present his defense before an impartial decision maker.
thecollegefix.com By Greg Piper
Two court wins: A win for a straight male and a win for a bisexual male. Even with court wins and settlements, heterosexual males are still discriminated against. “Asked why his bisexual client came out so much better than the heterosexual male despite similar due-process claims, Doe lawyer Andrew Miltenberg told The College Fix: “I certainly think that the same sex issue had a substantial impact” on it.
thecollegefix.com By Greg Piper
The Second Circuit U.S. Court of Appeals reversed a U.S. District Court decision, the panel ruled Friday that a former athlete’s suit against Columbia University, which suspended him for a year for “sexual assault: nonconsensual sexual intercourse,” may go forward based on his claim that university officials acted with anti-male bias, in violation of Title IX.
washingtonpost.com By Fred Barbash
As a student at a women’s college, there is nothing more disturbing for me to see than the male-bashing pervasive throughout my campus culture. At every institution, men are demonized while women are exalted. When the concept of patriarchy is preached alongside the social justice mantra that it is justified to “hate your oppressor,” it is an awful time to be a male college student.
allthink.com By Toni Airaksinen
In January, after the accused student made clear he had no interest, the accuser stepped up the pressure—she told him she’d file a sexual assault charge with USC unless he moved out of his fraternity. “In a twisted way,” she texted him, “[I] want to gain happiness from knowing you’re not doing okay. And I’m frustrated that you’re doing way better than I am when I deserve happiness more than you.” The accused student bowed to the pressure and moved out his fraternity—after which the accuser filed a complaint against him anyway.
USC and Investigatory Bias By KC Johnson