The University of South Alabama is facing a lawsuit filed by a student who says his rights were violated when USA found him responsible for two reported sexual assaults. The lawsuit alleges the processes USA used to investigate the allegations against the male student relied heavily on “hearsay” testimony, biased administrators and a closed-door hearing led by a panel of improperly trained students and faculty members.
lagniappemobile.com By Jason Johnson
Consent, Drinking, & Sex
If you hooked up, and she regrets it you lose. It’s about money and not your presumption of innocence. Get a lawyer fast.
Since 2014, at least four students suspended or expelled for violating MSU’s sexual misconduct policy have sued the university over a lack of due process in how their cases were handled. This 5th lawsuit alleges that there were serious problems with MSU’s investigation, and that key facts that corroborated the accused’s story were disregarded, and that individuals weren’t interviewed under oath and the investigator’s notes weren’t provided to the accused. The accused, who was then a 22-year-old senior, met the accuser in the fall of 2016 through Jack’d, a gay chatting and dating app, according to the investigatory report. The senior invited the freshman to tailgate in October and both admitted to drinking and kissing during the day. Their stories diverge from there.
lansingstatejournal.com By RJ Wolcott
A male student who says he was falsely accused of sexual assault and kicked out of Northwestern University has filed suit against the university, asserting he was discriminated against by university administrators amid a biased investigative process designed only to side with a female accuser he said twisted a consensual sex act into a rape accusation. ‘John Doe’ is demanding Northwestern reverse its findings and expunge his record, allowing him to resume an academic journey that has been “shattered” by what he says were false accusations brought by a female student angry over a breakup.
At many schools, the rules intended to protect victims of sexual assault mean students have lost their right to due process—and an accusation of wrongdoing can derail a person’s entire college education. Many remedies that have been pushed on campus are unjust to men, and ultimately undermine the legitimacy of the fight against sexual violence.
This is the first story in a three-part series examining how the rules governing sexual-assault adjudication have changed in recent years, and why some of those changes are problematic. Read the second installment here.
theatlantic.com By Emily Yoffe
St. Scholastica is facing legal trouble for its alleged response to a sexual assault. John Doe the accused, filed a federal lawsuit claiming the school’s policies state that investigations of sexual misconduct are to be conducted by trained investigators. But Doe alleged those who investigated are experts in educational decisions, not allegations such as this. According to Doe, the woman threatened to press charges if he continued to fight for his rights. Doe claimed he reported this retaliation to the school, and that the school ignored him.
Put on suicide watch, tried and convicted in absentia…A Texas A&M University cadet says he was suspended following sexual misconduct charges he never got to see – because he was hospitalized. A federal lawsuit claims “John Doe” was unable to “meaningfully defend himself” when Title IX investigators refused to reschedule a conduct meeting that would have revealed the specific accusations of his partner, with whom he had an open sexual relationship.“ At all times John Doe was deemed guilty” says the suit. “This extreme and severe sanction was not warranted in light of the lack of evidence.” When John was permitted access to a computer from in-patient treatment, he learned he had been found responsible on all charges: sexual contact, sexual abuse, dating violence and “Conduct Unbecoming a Cadet.”
thecollegefix.com By Kayla Schierbecker
A Drake University student who was expelled for sexual assault despite evidence he was the party assaulted, received a win in court when a judge refused to dismiss his lawsuit. His accuser admitted during Drake’s campus hearing that she sexually assaulted him, performing oral sex without his consent. Yet she was never punished, while he was expelled based on her accusation.
thefederalist.com By Ashe Schow
Mary Zolkowski, a Michigan college student was charged Monday after she falsely reported to campus police that she was attacked and raped. Police said she told them that the suspect was an acquaintance. Mary said she didn’t give consent because she was too intoxicated. She also refused a physical examination. Facts proved that this was a false college rape accusation and Zolkowski was arraigned for one count of false report of a felony.
nypost.com ByJackie Salo
He got her verbal consent “more than four hours” after her last drink. He convinced an investigator she was mentally able to consent. University of Texas-Austin President Greg Fenves thought otherwise, and unilaterally suspended him for five semesters as a rapist. These are the allegations in a troubling federal lawsuit by student “John Doe” against Fenves personally for ignoring explicit UT-Austin policy on consent and devising his own standard – perhaps at the behest of a major donor.
Campus courts don’t necessarily give weight to evidence that favors students accused of rape. Fortunately for those students, real courts aren’t so flagrantly biased. A California Superior Court judge in Los Angeles tossed the state’s case against USC student Mr. Premjee, citing surveillance video from throughout the evening he spent with his female accuser.