Rensselaer Polytechnic Institute attempted to punish a male student from a different school, and a recent court ruling against RPI sheds light on their appalling behavior. The story begins in 2015 when Doe, a graduate student at a school that is not RPI, was in a relationship with an RPI student. When their relationship ended the RPI student filed a Title IX complaint with RPI against Doe. As the court would later observe, the alleged conduct at issue “took place off campus and was not in anyway related to an educational program or activity of RPI.” Despite this, RPI launched an investigation of Doe and interviewed him. Doe’s attorneys argued that RPI had no jurisdiction over Doe and that, even if it did, its disciplinary process was flawed. Doe-v-RPI The court ruled that RPI went too far in asserting jurisdiction over Doe and subjecting him to its disciplinary process. Per the ruling, a New York state court judge stated RPI’s interview of Doe constituted “a clear violation of Doe’s constitutional rights,” deemed RPI’s conduct “arbitrary” and “capricious,” and annulled RPI’s finding that Doe had sexually assaulted an RPI student.
Monthly Archives: November 2017
John Doe’s lawsuit says the accuser claims she was groped at an off campus party, and identified her groper by nickname only. The University of Vermont searched for a picture of John Doe on Facebook and showed it to the accuser. She said the person in the picture was the student who groped her. John Doe told the investigator that he was at the off campus party with his girlfriend and that he had never met or danced with the female student/accuser, stating that he would not touch a woman without her consent. According to John Doe’s lawsuit, “Jane Doe’s false accusations against John Doe were accepted as fact and upheld by Defendants using a Kafkaesque process that denied John Doe due process of law in violation of due process.”
Great news. Innocent John Doe will return to the University of Texas. Doe’s finding of innocence by the hearing examiner in February stands and the Univ. of Texas can attempt no further appeals.Read plaintiff’s response to UT’s motion to dismiss the due process hearing A settlement was reached after 45 minutes of closed-door negotiations that has spared UT President Gregory L. Fenves from having to testify about the school’s [biased] sexual misconduct policy. Brian Roark, a lawyer for Doe, told reporters that the student’s reinstatement last week by the university will remain in effect and that there will be no further review of the matter by the school. UT agreed to drop its plan to turn the matter over to an unnamed third party.
statesman.com By Autullo and Haurwitz
A Worcester County resident expelled this year from Johnson & Wales University following allegations of sexual assault is suing the school, claiming that he was falsely found responsible by an unfair disciplinary process…In the lawsuit, John Doe claims that the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. The sexual encounters were consensual, he claims, alleging that ‘Mary Smith’ was pressured into reporting them as a sexual assault by her boyfriend — who also served as her advisor during the hearing.
masslive.com By Dan Glaun
Christina Hoff Sommers, a scholar at the American Enterprise Institute and author of “The War Against Boys” and “Who Stole Feminism?,” has coined the term “victim feminism,” a school of thought she believes exaggerates the sexual assault problem. Ms. Sommers has argued all along that the Obama model didn’t work. We get her take on what the change means.
nytimes.com Interview by Stephanie Saulnov
Another false accusation, another lawsuit, and another big dollar settlement. The University of Pennsylvania has quietly agreed to pay a black male student (accused of assault by a white female student) an undisclosed amount after he sued the school claiming Penn’s investigation into the incident violated his civil rights. Although the specific terms of the agreement are not public, court records acknowledging the deal follow a rash of lawsuits nationwide filed by men on college campuses maintaining that punishment triggered by internal investigations into sexual misconduct have been biased against them.
whyy.org ByBobby Allyn
A lawsuit facing the University and UT President Gregory Fenves argues that Fenves circumvented due process in suspending a male student accused of rape in a Title IX case. This case is one of many in recent years that addresses due process and Title IX sexual assault cases. In this case, the University hearing did not find enough evidence to punish the male student. However, when the case was appealed, Fenves determined the female student was incapacitated and therefore unable to give consent.
dailytexanonline.com By Will Clark
“The problem hasn’t penetrated the public consciousness. People don’t know that a young man can be expelled from college without ever having received specific written notice of what he’s alleged to have done wrong.”…”I have not talked to a single young man who’s been through this who wasn’t suicidal, and you hear people say, ‘Well, if he’s a rapist, he should be suicidal.’ OK, but we don’t know he’s a rapist.”
reason.com By Robby Soave
Recently Biden criticized the Trump Administration and U.S. Secretary of Education Betsy DeVos for revisiting Title IX policies for sexual assault investigations on campus. But having represented more than 100 male students on campuses across the country, in both blue and red states, I have seen firsthand how wrongfully accused male students are being unfairly punished, with no opportunity to defend themselves. Recognizing the need to restore due process rights on college campuses, Secretary DeVos and the DoED announced major improvements to a broken system, including providing reasonable interim measures, eliminating double jeopardy, and requiring the consideration of exculpatory evidence. Unfortunately, her announcement was met with divisive political rhetoric and on-going protests.
www.nj.com By Andrew Miltenberg
Since 2011, the federal government has required all universities that receive federal money to provide “training or experience in handling complaints of sexual harassment and sexual violence” to adjudicators and investigators. It makes sense to train those who are assigned to investigate campus sexual-assault allegations, but the ideological regimes used on campuses are designed more to stack the deck against accused students than to ensure a fair inquiry. “The biggest problem with these training materials, is that if the accuser comes in, contradicts herself and the evidence, all that gets explained away because of ‘trauma.’ Junk science like that makes it extraordinarily hard for students to defend themselves effectively,” says Justin Dillon, a lawyer who has defended dozens of students accused of sexual assault.
weeklystandard.com By Johnson and Taylor