John Doe finally got a measure of justice in his battle with the University of Notre Dame. The Catholic university settled the male student’s sex-discrimination lawsuit for expelling him. According to Judge Philip Simon, the university’s TitleIX investigation into Roe’s claims was severely lacking. Notre Dame’s TittleIX missed the fact that after Roe filed her complaint, the parties had a “near daily discussion” that included sexually suggestive texts and pledges of love from Roe. Roe also kept her text messages with Doe after they broke up and selectively released them to the investigator, showing only those that “placed John in a very bad light and without context.” The judge portrayed their constant texting as normal relationship behavior, and not threatening behavior as Notre Dame portrayed it.
thecollegefix.com By Greg Piper
Monthly Archives: January 2018
A former Dartmouth College male student has sued the school, saying he was unfairly expelled after a female student filed a physical assault complaint against him. “John Doe” says in the New Hampshire federal lawsuit (start on pg.3) that Dartmouth’s investigation was biased. Personally, I think that’s putting it mildly. Female wanted S&M sex, while slapping the male. The male is blacked out and wakes up with a bloody nipple, sore genitals, bruises, and no memory of falling off the bed engaged in rough sex. Afterward the female implies that if he has sex with her again, she won’t accuse him. He didn’t take her up on it.
Since 2011 Obama’s Department of Education, instructed universities to get involved in any and all sexual conduct between students. Obama’s 2011 “Dear Colleague” letter presented universities with an ultimatum: create Title IX kangaroo courts to adjudicate claims of campus sexual assault, or face an end to all federal funding. Universities were encouraged to abandon in their systems the protections Americans enjoy in the court system when accused of criminal acts, including the right to effective counsel, cross-examination of witnesses, object to false or prejudicial evidence, and a high standard of proof. The schools complied. Today hundreds of lawsuits have been filed by the falsely accused for due process violations etc., and as the courts continue to find that the Obama era 2011 sex rules are indeed unconstitutional, universities continue to be inflexible. If President Trump wants to reverse the damage done by the letter, he’ll have to do more than simply revoke the letter.
In 2014, a white female student at the University of Findlay accused two black athletes of sexually assaulting her. The university expelled the two men 24 hours later without bothering to interview witnesses who would have contradicted the accusation. According to the two men’s lawsuit against Findlay, investigators ignored considerable evidence that the accuser did not merely consent to sex—she bragged about it later. In my original write-up of the lawsuit, I called it perhaps the most blatantly unfair Title IX case I had ever covered. That dispute is still working its way through the courts…One of the young men, Alphonso Baity, was finally able to find a basketball program that would let him on the team. That’s quite an accomplishment. Students expelled for sexual misconduct have a tough time earning admission to another school, no matter how farcical the charges against them. But National College Athletic Association won’t let Baity play. Baity’s ongoing ordeal should serve as a powerful reminder of why due process protections are so important. False accusations really do have the power to derail lives and end promising careers.
reason.com By Robby Soave
Good news. Landon Rice transferred to Jacksonville State. Rice, a former four-star prospect from Rome, Ga., was dismissed from Auburn University before ever playing a game for Auburn after being accused of non consenting sex. “After speaking with several officials from Auburn University and getting all of the facts surrounding the investigation, and after meeting with Landon, we decided to allow Landon to enroll at JSU and join our football program.” [SOS refers to Rice as innocent because Rice passed a polygraph, and no charges were ever filed. Whereas the Title IX lawless system that determined Rice responsible is a deeply unjust shadow court devoid of due process.]
montgomeryadvertiser.com By Matthew Stevens,
A male student expelled from Johnson & Wales University in Providence, RI, has commenced suit in federal court in Massachusetts, claiming he was unlawfully held responsible and expelled after an unfair, prejudged internal judicial process that violated not only ordinary norms of fairness, but also the university’s own guidelines… The more cases of campus sexual assault adjudications we cover, the more we see patterns. There frequently is an ongoing consensual sexual relationship in which only some of the interactions were claimed to be non-consensual; a delay in reporting the alleged assault; a process in which the accused is left uncertain as to the charges against him; an inability to be represented by counsel, a university investigation under pressure to “believe” the accuser; the inability to call key witnesses, the issue of whether there was sufficient affirmative consent (there being no claim that the female said “No”), and of course, the use of alcohol in varying degrees.
legalinsurrection.com By William A. Jacobson
Yale University has settled a lawsuit by a former student, John Doe, who says he was wrongly and unfairly expelled over a false sexual assault allegation in 2012. Doe says he and a female, who are both Native Americans, had consensual sex in January 2012 and she filed bogus sexual assault allegations in a strange plot to take control of Yale’s Native American Cultural Center. The lawsuit says Doe and the center’s former director both identify as Lakota Sioux, while the accuser and her friends identify as Navajo. The accuser and others wanted to oust the director and Doe and take control of the center to benefit Navajo students on campus. Doe accused the university of discriminating against Native American students, and said he was the “whipping boy” Yale needed to demonstrate a new zero-tolerance sexual misconduct policy.
boston.com By Dave Collins
JUDGE APPROVES ‘Title IX Retaliation’ Claims Against University that Fired Father of Accused Student
Tom Rossley accused the university he served for 23 years of “Title IX retaliation” when it fired him in 2016, following his unsuccessful pleas for his son, a disabled student accused of sexual assault. Now a federal judge has allowed the former trustee’s lawsuit against both Drake University and his former colleagues to go forward, saying Rossley’s allegations fit a precedent on “third-party retaliation” under federal discrimination law. The judge said the father’s allegations were “novel,” …but noted that not only does the ADA allow for “associational claims,” but that it prohibits retaliation against those who “made a charge, testified, assisted, or participated in any manner” in an investigation implicated by the ADA.
thecollegefix.com By Jeremiah Poff
The woman who accused Liam Allan said he had raped her, and that she did not enjoy sex with him. Thousands of her text messages said otherwise…What happened to Allan is happening on college campuses across America. The most famous example occurred at Amherst College. A blacked out male student received oral sex from his girlfriend’s roommate, who turned around two years later and accused him of sexual assault. After he was expelled, his attorney discovered text messages from the accuser making clear she knew she had done something wrong that night and her roommate would be mad about it. With “victim-centered” training for college investigators and campus police, incidents like this will be more common. Victim centered training insists investigators believe accusers and that any shifty behavior or lies they tell are the result of trauma. In other words, no matter what they do, they’re telling the truth.
thefederalist.com By Ashe Schow
Two students at SUNY Plattsburgh were drinking and had sex three times in seven hours. So what then made this a sexual assault? The New York Appellate Division, Third Department, majority was not going to delve into the explicit, lurid details of the sexual encounter between the accuser and accused. But look to NY Gov. Cuomo’s Enough is Enough Law, (which imposed upon public colleges in NY a regime separate from Title IX) and SUNY’s Title IX coordinator, Butterfly Blaise to find answers… The appellate court’s 3-2 majority reversed and remanded for a new hearing based upon Butterfly’s errors. And while it was a win of sorts for the petitioner, it demonstrated a glaring due process failure in Cuomo’s Enough is Enough law.
blog.simplejustice.us By Scott H. Greenfield