A Bellarmine University student claims he was kicked out of a study abroad program, booted from a Paris hotel on New Year’s Day, and left to fend for himself after being falsely accused of sexual assault. Doe says he and several other students went out to dinner in Germany on New Year’s Eve, and then watched fireworks. During the fireworks displays, he says he “had his arms around SG and SD. There was a large crowd and at one point his hand slipped and briefly touched SD on the butt and later on her breast. He apologized but SD was upset and left with RB.” Doe’s attorney Joshua Engel said that “without any hearing or semblance of process, he was kicked off the trip and thrown out his hotel. The student’s parents then had to arrange for a hotel room and transportation back to the United States.”
courthousenews.com By K. Koeninger
Monthly Archives: May 2017
A federal judge has denied a motion filed by former Yale basketball captain Jack Montague, that would have allowed him to return to his studies. Montague was more than halfway through his senior year and leading Yale’s basketball team in its most successful season in decades when he was expelled in Feb. 2016. His lawyer, Max Stern, said Montague was expelled because of Yale’s finding that he had “unconsented-to sex” in fall 2014. Stern said that Montague’s expulsion was “wrong, unfairly determined, arbitrary, and excessive by any rational measure.”…In a decision filed March 8, U.S. District Judge Covello said that Montague failed to show that the harm to him would be “irreparable” if he was not granted a preliminary injunction.
courant.com By Kathleen Megan
The Clinton and Obama administrations ignored federal law and court rulings in the harassment rules they imposed on America’s colleges and schools. The Administrative Procedure Act requires an agency to put a regulation that expands someone’s legal obligations into the Code of Federal Regulations, before it can go into effect.In addition, agencies are expected to notify Congress of their rules. [The Clinton/Obama administrations turned a blind eye to the APA and put forth illegal guidance letters.through the Department of Education. SOS]
cei.org/blog By Hans Bader
Last month, Baker Donelson reported the surprise ruling out of the Third Circuit in Jane Doe v. Mercy Medical Center in which the court held that the discrimination and harassment prohibitions of Title IX apply to a private hospital’s medical residency program. Even more surprising, the court ruled that a medical resident could bypass the traditional administrative scheme required for making employment claims by pursuing litigation under Title IX, which the U.S. Supreme Court previously held allows for a direct, individual cause of action. The impact of the Doe decision is likely significant, and requires medical residency programs to understand their new obligations and take action to protect themselves from an expected increase in sexual harassment, discrimination and retaliation claims.
bakerdonelson.com By Jennifer Curry
A Columbus lawyer said teen boys are being victimized by a system that doesn’t give them the presumption of innocence in acquaintance rape cases. Brad Koffel said he’s defending more and more cases of sex between teenagers leading to criminal charges. He considers it consensual sex that later becomes “regret” sex. According to Koffel, some teenage boys and their families said they’re getting caught up in an after-consensual-sex drama that can ruin lives. [At SOS there is an increase of emails from HS families looking for help due to HS regret sex accusations. Here is one of those stories.]
abc6onyourside.com by Kurt Ludlow
On college campuses young men are treated to lectures and workshops that teach them their masculinity – an element at the very core of their identity – is dangerous, poisonous and even toxic…Discussions of sexual assault that assume a male perpetrator and a female victim, or the use of phrases like “Teach men not to rape,” constitute the gendering of a crime that is in fact committed by people of all genders…One of the goals of Title IX is to ensure that no student must endure a hostile educational environment based on sex discrimination. It’s hard to imagine a more hostile educational environment than one that characterizes the gender identity of a large number of [male] students as poisonous.
usatoday.com By Glenn Reynolds
When an overly-intoxicated girl showed up on the steps of the Alpha Epsilon Pi fraternity house during Orientation Week in 2015, the brothers’ first response was to help her. “We only brought her onto our porch because we decided she needed help and that turning her away would be immoral,” Johnson said. They never expected it would lead to a five-month long battle with the Office of Student Conduct about whether or not they had violated the University’s alcohol policy. “We were innocent by their own terms, and then they decided to throw out their terms,” said Todd Miller*, Pratt ‘16 and a senior member of AEPi at the time.
dukechronicle.com By Claire Ballentine
The Title IX compliance group that NCHERM endowed, the Association of Title IX Administrators, is offering to teach trigger-happy campus bureaucrats how to protect due process in campus adjudications. At its Title IX training and certification course next month, ATIXA is including a $1,499-per-person “due process track” that is open to anyone who is a “seasoned administrator.” It laughably claims to be “placing a renewed emphasis on due process,” rather than the more accurate “emphasis for the first time.” FIRE’s Samantha Harris has a good laugh at this turn of events, noting that FIRE will educate campus bureaucrats for free and that Sokolow once accused her group of “sticking up for penises everywhere.”
Last month, Patricia Hamill filed a lawsuit against the University of Notre Dame on behalf of “John Doe” alleging that Notre Dame unfairly expelled him just a few weeks before he was slated to take his last two finals and graduate. After filing his suit, Doe moved for a temporary restraining order and preliminary injunction permitting him to take his last two finals. Doe’s efforts were successful, and the court granted his preliminary injunction. Last week, Judge Simon ordered Notre Dame to administer Doe’s last two finals, minimizing the disruption to Doe’s education should his suit succeed. While Doe raised several claims in his complaint, the opinion only discusses Doe’s breach of contract claim. While the entire opinion is worth a read, particularly for due process litigators, I’d like to focus on two particular issues: the right to active counsel and a plaintiff’s choice of remedies.
thefire.org By Brynne Madway
Show me the money! Starting this fall, all incoming freshmen and transfers at the University of Maryland will have to undergo a bystander intervention training in person…And they’ll pay for the privilege of doing it. The university already added six new Title IX-related positions and the Title IX office budget jumped by more than half between its first and second year, reaching $1.01 million. Its director has called cross-examination in sexual-misconduct proceedings “harassment,” and she has previously admitted that extra funding for her office would not result in fewer rapes.
thecollegefix.com By Greg Piper