The latest filings in the Jack Montague case at Yale confirm why negotiations between the two sides failed. Montague’s was a case that never should have been brought. The accuser was unwilling to file a complaint herself-despite strong pressure from Yale’s Title IX officials. So Yale’s Title IX officials filed the complaint themselves-ignoring the fact that the university’s own procedures gave the Title IX office very limited justifications (none of which applied in this case) to substitute itself for the accuser as the complainant.
academicwonderland.com By KC Johnson
Monthly Archives: January 2017
A lawsuit was filed in November 2015 by the UVA chapter of Phi Psi and has been in limbo while Dean Eramo’s lawsuit moved forward. An attorney for Phi Psi said Monday they’re seeking a “broader area of inquiry” than what was requested by Eramo, and a judge has again ruled that Jackie must comply with a subpoena to turn over documents relating to the case…Jackie’s claims about a gang rape fell apart once it was discovered that the man she allegedly had a date with on that night didn’t exist. Numerous doubts began to emerge, leading to a retraction from Rolling Stone, an investigation of what went wrong from by Columbia Journalism Review, and three lawsuits.
watchdog.org By Ashe Schow
A “rape culture” does not pervade our campuses. Nevertheless, our universities have curtailed basic civil liberties and perpetrated gross miscarriages of justice. Those who doubt due process has been degraded in college disciplinary proceedings should read “The Campus Rape Frenzy: The Attack on Due Process at America’s Universities” by KC Johnson and Stuart Taylor, Jr. The authors of the indispensable “Until Proven Innocent: Political Correctness and the Shameful Injustices of the Duke Lacrosse Rape Case” have once again performed an outstanding public service. In tale after harrowing tale, they expose “a system on our nation’s campuses in which accused students effectively have to prove their innocence, often under procedures that deny them any meaningful opportunity to do so.”
realclearpolitics.com By Peter Berkowitz
A male student has sued Purdue University for suspending him for a year, and expelling him from its ROTC program after his ex-girlfriend accused him of snuggling without her consent while they were dating. Male gender bias exists at Purdue and many colleges across the country and essentially assumes that accused male students are guilty until proven innocent. This sex bias suit against Purdue was brought by Andrew Miltenberg who said the “school’s risk management systems favor punishment of innocent male students, for fear of backlash from victim advocate rights groups.”
thecollegefix.com By Greg Piper
A former Baylor University financial aid staffer filed a Title IX lawsuit. The suit was filed by Lyn Wheeler Kinyon, former assistant vice president for student financial aid. Ms. Kinyon claims she was fired in retaliation for reinstating a football player’s scholarship who she states was improperly revoked because of allegations of a sexual assault that had not yet been investigated.
espn.com By Lavigne and Schlabach
Cornell University and its Title IX Coordinator, Sarah Affel exhibited cruel and unusual punishment towards one of their own male students as evidenced by this recent decision by The New York State Supreme Court.
Recently, the Hon. Eugene D. Faughnan found that Cornell University and its Title IX Coordinator, Sarah Affel, acted “arbitrarily and capriciously” and “without any rational basis” when they refused to promptly investigate John Doe’s claim that a Cornell Title IX investigator discriminated against him in a sexual assault matter in which he is both a complainant and a respondent.
-The Court found that John Doe suffered “actual harm” and was prejudiced in the sexual assault matter by Cornell’s arbitrary and capricious refusal to comply with its own Title IX-mandated anti-discrimination policy.
-The Court ordered Cornell and Ms. Affel to immediately investigate the male student’s discrimination complaint.
In summary, the biased Cornell Title IX investigator refused to properly investigate John Doe’s claim that he had been sexually assaulted and tried to prejudice him in connection with Jane Roe’s sex assault claim. When John Doe sought redress under Cornell’s Title IX-mandated policy prohibiting staff members from discriminating against students, Cornell ignored that claim as well, refusing to promptly investigate.
Read Court Decision Here: Cornell Decision and Order 1 20 17
John Doe’s Attorney Alan Sash: thetab.com
The Obama administration was a boon to the nascent industry of Title IX consultants. The University of Virginia spent half a million dollars on a single law firm to investigate how it handled the soon-discredited gang-rape allegations by Jackie Coakley that Rolling Stone “reported” with no scrutiny. It spent another $660 and $550 per hour for two lawyers from a different law firm “to help revise campus policies in the wake of the article and to advise on the university’s response to a continuing federal investigation.”
thecollegefix.com By Greg Piper
This story is one for the history books…It was the summer of 2014 when two Michigan State University students, “Nathan” and “Melanie” agreed to meet and have sex. About a year later, Melanie began taking hormones in order to transition to a man. Her transition was one of the reasons she filed a Title IX complaint against Nathan, 16 months after the incident. “Transitioning was one of the driving elements for why I reported, because I felt uncomfortable using the men’s restrooms in my residential college, for fear that I would encounter him.” After months of costly appeals, what is Nathan’s sanction? A no-contact order along with a finding that Nathan violated MSU’s policy on sexual conduct. His transcript will forever state that he was guilty of an unspecified sex offense.
reason.com By Robby Soave
A federal judge has denied a motion from lawyers representing St. John’s University and the College of St. Benedict to seal documents filed in a Title IX lawsuit against the schools. Judge Brisbois denied the motion, saying that the right of access by the public is “far higher than the deminimis nature of that right which the defendants have argued…Lawsuits similar to the present action are being filed across the nation, and they are the basis for a national debate regarding what procedures ought to be required for investigating allegations of sexual misconduct on campus; such as the sexual misconduct investigation underlying the present complaint,” he wrote.
www.sctimes.com By David Unze
The Chair of the Decision-Making Panel with Tuft’s Office of Equal Opportunity (OEO) revealed during a sexual assault misconduct proceeding that s/he was a victim of a sexual assault. The Chair of the Decision-Making Panel then proceeded to negate claims that were being made by one of the participants in the meeting and cited s/he own experiences as a victim as the rationale…OEO’s Sexual Misconduct Adjudication Process (SMAP) guarantees its participants that the Decision-Making Panel will consist of unbiased individuals.