When one student accuses another student of sexual assault, what must a school do to make sure its disciplinary process is fair to both sides?.. Nearly everything about John and Jane’s short-lived relationship has become the subject of a bitter, bizarre and high-stakes legal dispute that has dragged on for years. Their story, told here in detail for the first time, is currently binding law affecting hundreds of thousands of students enrolled in California schools of higher education. Their story also marks the first time that a state appellate court has ruled on the constitutionality of a campus sexual assault proceeding since the Obama administration directed schools to take a tougher approach in resolving these cases or risk losing millions of dollars in federal funding for violating Title IX.
politico.com By Lara Bazelon
Drinking & Sex
If you hooked up, and she regrets it you will lose. College men file a complaint against the girl. It’s your future to save. Your college will throw you to the wolves. It’s about federal funding and not your innocence.
A University of North Carolina football player was falsely accused by Delaney Robinson last year. An attorney for Allen Artis the athlete, says the university’s Title IX compliance coordinator found no violation of the school’s sexual misconduct policy after conducting a thorough investigation.
The expulsion of a male student from SUNY after he had a sexual encounter with a female student that may have been consensual was too harsh. The Appeals Court noted that many aspects of the disciplinary process at SUNY-Potsdam as it was applied to the male student “give us pause,” beginning with the fact that the female student’s account of the encounter as presented at campus disciplinary proceedings was hearsay. The court noted that the male student was found [Title IX] guilty and suspended for the remainder of the semester and made to take an alcohol evaluation and treatment program. When he appealed, the campus disciplinary appeals board increased the penalty to expulsion and Potsdam president Kristin Esterberg affirmed his dismissal…”If you are going to label someone a sexual predator or a sexual aggressor, you have branded that person in a way that there is no coming back from,” “For the university to decide that based on very little or no evidence-you just can’t do that without facts to back it up.” Said Lloyd Grandy II, an attorney at the Carlisle Law Firm who won! for this innocent accused young male.
newyorklawjournal.com By Joel Stashenko,
The facts revolve around a drunken hookup between two students and the woman’s subsequent efforts at covering up her willing participation by blaming the male student and accusing him of assault. Amherst’s administration was equally complicit, pronouncing the man guilty on flimsy and incomplete evidence, then refusing to reconsider once evidence that the woman had fabricated her story came to light. And the dark force driving the school to make an example of the student is Obama’s OCR… Although several elements of Doe’s complaint did not survive Amherst’s motion to dismiss, that’s irrelevant. What matters is that his central claims did and now the school can either settle or face trial.
www.jamesgmartin.center By George Leef
A boy and a girl at Univ. of Michigan were drinking. They danced and had sex. He says the sex was consensual. She had morning after regret and Title IX’d him. The male was expelled. Attorney Deborah Gordon, who is representing the male student, posed a question a jury will ultimately have to answer: If the female student had been voluntarily drinking, are there legal grounds for a suit against the male student? And if there is grounds for a suit, how much is the female student responsible for what happened.
www.abc10.com By David Jesse
E. Everett Bartlett, Ph. D., President of Stop Abusive and Violent Environments (SAVE), an organization dedicated to working for policy reform to protect all victims and stop false allegations, talks about sex…Two young adults are students at the same college. They flirt and drink alcohol. They kiss while dancing and then go looking for a more private space. They wake up together in a room and come to the realization that they had sex the night before. One of them is encouraged by friends and family to report the encounter as a rape, regrets the encounter and now feels that the label “rape victim” fits. The other feels fine about the encounter, until being accused of rape. Without any intervention from the legal system, the one accused is expelled from school…For all the feminists screaming for “true equality” they want a protection for women that is not granted to men. They want to eschew responsibility for their own actions, consume alcohol in large quantities, engage in sexual activity, and then be permitted (even encouraged) to call it “rape” if they regret it afterwards.
There are fundamental deprivations of justice, and then there’s what happened to a male student at Drake University. The student, “John Doe,” was expelled for sexual misconduct-ostensibly because he engaged in nonconsensual sex with a female student, “Jane Doe.” In truth, John was punished for failing to realize quickly enough that he was actually the victim in the encounter. Drake officials still refuse to fix their mistakes.
reason.com By Robby Soave
There are clearly some women out there who are deeply confused about what it means to be raped, and they are, in many cases, being misled by the adults around them. As documented in “The Campus Rape Frenzy,” the Title IX coordinators encourage young, impressionable women to call every incident of regrettable drunken sex “rape.” These days, the reasons for falsely claiming rape have much more to do with the campus soap opera and the sexual politics of one’s peer group… When you decide to ruin a man’s life and reputation in order to cover up your own mistakes or get what you want from others, you’re not a victim-you’re a sociopath.
nypost By Naomi Schaefer Riley
Drake University in Iowa has fired a trustee board member after expelling his disabled son, who alleged he was the victim of a rape by a female student. Both students filed complaints, but only the male was investigated. The son’s lawsuit alleges that both he and the female were intoxicated, and she initiated oral sex on him. It added that he wasn’t “in a state to be with her” and “not able to give consent that night.” Trustee Tom Rossley, who had been on Drake’s board for 23 years, accused the college of failing to accommodate his son’s “ADHD, anxiety, and language-based learning disabilities” and claimed that the female said “on the record” during a hearing that she indeed has initiated sex without the son’s consent. Rossley was told to stop complaining about the process and eventually was asked to step down from his position.
heatst By Lukas Mikelionis
Barbara Snyder, President of Case Western Reserve University is being sued along with The Board of Trustees, and staff for not following the University’s own disciplinary guidelines, for male discrimination and for refusing John Doe to review witness testimony prior to his disciplinary hearing. “Without receiving a notice of investigation, a discussion of his rights and responsibilities or the CWRU policies and procedures, and without an advisor or support person to accompany him, John Doe was blindsided when he arrived to attend a mandatory meeting with the CWRU Title IX investigator,” Doe says from the outset, he was presumed guilty. Case Western Reserve University suspended him for three years and kicked him out of his dorm based on false allegations of sexual assault with his then-girlfriend that were not supported by factual evidence.
courthousenews By Kevin Koeninger