Aziz Ansari is lucky he’s not a college student; otherwise he could have been accused months after the incident, investigated by a lone administrator with sole power to decide which witnesses to interview, called before a hearing to answer charges he does not fully understand, forbidden from consulting a lawyer or cross-examining his accuser, found responsible for sexual misconduct under a preponderance of the evidence standard, and expelled from campus as required by TitleIX. Consider a few TitleIX cases where young men suffered severe consequences. At Occidental College, a male student, John Doe, had sex with a female student, Jane Roe. Jane had every intention of sleeping with John-she had asked him to keep a condom handy. Later, she felt badly about the experience, and was persuaded by a sociology professor that because she was impaired by alcohol during the encounter, she couldn’t have given consent. John was eventually expelled. At Amherst College, two intoxicated students, John Doe, and Jane Roe, retired to a dorm room, where Jane performed oral sex on John. John would later claim he was blacked out. Amherst administrators deemed his story “credible,” but noted that drunkenness was never an excuse for engaging in nonconsensual sex-which is what Jane accused John of, two years later. He was expelled. There are hundreds of drunken hookups gone wrong, misinterpreted signals, and unmet expectations that culminated in powerful universities punishing young men for sexual assault.
reason.com By Robby Soave
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.
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.
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
A male graduate is suing Cornell University in federal court, claiming that Cornell and its Title IX investigator Sarah Affel, conducted a biased, arbitrary, capricious, unfair and harmful investigation. John Doe’s complaint accuses Affel of discriminating against him based on his sex, religion and ethnicity and failing to consider the results of a polygraph test he voluntarily took and passed. Doe further accuses Affel of relying on anti-male, and anti-South Asian stereotypes to find him responsible; and employed anti-Muslim bias when one of the witnesses brought up Doe’s Muslim faith, at which point Affel began to question the witness about Doe’s level of respect for women…The investigation and the one-year suspension handed to Doe gave him severe mental health problems-problems that resulted in his contemplating suicide and his being admitted to a psychiatric ward “for several days.” Doe is demanding a jury trial and is asking the University for damages.
cornellsun.com By Drew Musto
The district attorney’s office for Cleveland County, Oklahoma, determined that criminal charges were not warranted against University of Oklahoma running back Rodney Anderson after a police investigation into whether he sexually assaulted a woman who filed an emergency protective order against him. The accuser was hoping to have a romantic relationship with Anderson…”she then began to brag about the relationship that she was having with him,” said Assistant DA Susan Caswell. Anderson’s attorney Derek Chance said in a statement. “The investigation reveals what we have maintained, Mr. Anderson is innocent of these allegations.”
As more and more schools (72 since the Dear Colleague letter) have found themselves on the losing end of due process decisions, a handful of institutions have resisted in a troubling manner. Rather than acknowledge that court decisions showed the need to reform their unfair procedures, schools instead have maneuvered to neuter an accused student’s efforts to go to court…Regarding a Pomona case, Judge Strobel set aside Pomona’s guilty finding, stating that the lack of any opportunity for cross-examination raised “serious fairness questions,” and was so “prejudicial” to the accused, that the college denied him a “fair hearing.” Pomona has the right to appeal an adverse ruling, but instead, Title IX coordinator Sue McCarthy informed the accused that Pomona was going to re-try him, using a different adjudicator but the exact same evidence from the original case, and under the same procedures that had produced the decision Judge Strobel set aside. The university did not inform Judge Strobel of this rather startling decision, which appears to violate existing Pomona procedures.
academicwonderland.com By KX Johnson
Brock Turner, who was found guilty of sexually assaulting a female is applying for an appeal. His lawyers called the initial trial “a detailed and lengthy set of lies.” Turner’s legal adviser, John Tompkins said they are appealing because the facts do not reflect the verdict. In the 172-page appeal, Turner’s legal team claims that they were at a disadvantage for three reasons: The jury did not get a lot of evidence that represented Turner’s character; The jury was not allowed to consider a lesser offense; The jury was subjected to “extensive ‘behind-the-dumpster’ propaganda.”
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
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