In 2016 Yale University expelled Jack Montague for nonconsensual sex with a female student shortly before he was to graduate, despite the agreed-upon fact that she returned to sleep with him hours after he allegedly assaulted her. Montague was never criminally charged, and is pressing forward with his lawsuit against Yale; despite a federal judge refusing to order Yale to follow its own sexual-assault adjudication rules. Montague argues in his lawsuit that his academic and employment prospect have been drastically limited by his expulsion. During a March deposition he testified that he has been unable to apply to other schools because Yale won’t release his transcripts until he pays a $3,000 tuition debt. “That represents the last semester that I didn’t finish,” Jack testified. “So, as soon as I was expelled, they sent me a bill for $3,000.” According to the Yale Daily News, the trial is expected to start in February.
Monthly Archives: December 2017
The last two times a due process case came before the 6th Circuit, it was clear by the end of oral argument which side would prevail. But in November’s hearing for Doe v. Miami, the oral argument left the final outcome uncertain. This case appeared teed up to determine whether the 6th Circuit would adopt the 2nd Circuit’s important standard in the Columbia decision, which makes it harder for judges to dismiss Title IX complaints by accused students. But the judges scarcely engaged with that issue, focusing more attention on procedural due process, questions of selective enforcement under Title IX, and the factual specifics of the case…In perhaps the most intriguing section of the hearing, Judge Moore noted how the severity of a sexual assault guilty finding might justify more rigorous procedures under the Constitution. Court room audio excerpts are at the link below.
academicwonderland.com By KC Johnson
Emboldened by the federal government, South Carolina students accused of sexual misconduct are taking colleges to court over disciplinary procedures they call unfair. Colleges have been using a “preponderance of the evidence” standard for judging guilt, which essentially requires a 51 percent likelihood that an accusation is true. Critics said the policy had come at a cost to suspects’ civil rights because its low burden of proof bred false accusations. Tommy Brittain, a Myrtle Beach lawyer for a student at the center of the Coastal Carolina case, said the lawsuits are likely just the beginning of a push against a disciplinary process that can plague students forever, stating, “The policy is a complete mess, it’s an absolute nightmare. A guilty finding is not like a violation of a little school rule. It’s a life-changing decision.”
postandcourier.com By Andrew Knapp
Freshman Karthik Saravanan had a dysfunctional romance with a white freshman female at Drexel. Saravanan who is South Asian of the Indian race, claims he was sexually assaulted, stalked and harassed by his ex-girlfriend. His ex “threatened to tell their social group that he was mentally disabled or a homosexual” if he reported her assault. Saravanan reported her assault. Drexel called his rape complaint “ludicrous,” remarking “I have never heard of a female raping a male” and asked him, “why was your penis erect?- doesn’t that mean you enjoyed it?” Saravanan claims that Drexel exhibited a pro-female bias throughout his case. Saravanan was expelled while his ex-girlfriend was retroactively given probation. U.S. District Judge Mark Kearney noted in his opinion the need for balanced judgment when investigating campus sexual assault claims. Judge Kearney held that Saravanan did not adequately show he faced discrimination based on race. The case was ultimately pared down to a single Title IX claim of erroneous outcome of the disciplinary process, alleging that Drexel’s decision to expel him was motivated by gender bias, and a breach of contract claim.
law.com By P.J. Dannunzio
Today marks exactly two years since I was falsely accused of sexual assault. It was the day that my whole life came crashing down around me and though I am a much stronger, indeed a much more formidable person, than I was two years ago, it still hurts to know that my life was almost destroyed because of a lie. It also hurts to know that despite the incontrovertible evidence we uncovered proving my innocence, my former college botched their “investigation” and eventually found me responsible for something I didn’t do… Aside from my lawyers, my parents, the federal government, and the school, this is the first time I have shared this information publicly.
facingthecampus.blogspot.com By Jonathon Andrews
The Education Department’s civil rights unit recently determined that Catholic University failed to uphold the rights of an accused male student, in violation of the anti-discrimination law known as Title IX. The report from the Office for Civil Rights is the result of a four year investigation into an incident that involved two students, alcohol and a dispute over sexual consent…The Trump administration has declared a shift in federal guidance on Title IX, saying it wants to work more closely with colleges to ensure the due-process rights of all students -including the accused – are protected in sexual violence cases.
washingtonpost.com By Nick Anderson