As the debate over campus sexual assaults continues more [TitleIX] accused male students have started taking their female accusers to court. Male students accused of [TitleIX] sexual misconduct have filed hundreds of lawsuits, charging that they were the victims of both false allegations and school procedures that failed to properly vet the claims. Frequently, heavy drinking is involved and college officials are sifting through case after case of what both parties frequently say started as a consensual act but then disagree over whether consent was withdrawn. “What’s troubling is that the (sex) act has become so casual, but the consequences [for the male student] can be so severe,” Attorney Sonya Pfeiffer.
charlotteobserver.com By Michael Gordon
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.
An influential group of law professors has once again declined to recommend that state governments enact policies favoring accusers in sexual assault cases, changes that already have been adopted by many colleges and universities. ALI is a professional association of judges, lawyers and legal scholars that has shaped many laws in this country since it was founded in 1923. If the ALI endorsed a new approach to sexual assault laws, it would almost certainly serve as a model for state legislatures across the country.
realclearinvestigations.com By Ashe Schow
[This is the damage that a regretful girl can do to an innocent male]
Jane Roe told compliance resource officers she consumed a significant amount of alcohol earlier in the evening, and claimed she was therefore unable to consent to the sexual activity that later occurred with Doe…According to a petition filed in the Alameda County Superior Court, “Petitioner John Doe was improperly disciplined stemming from a Title IX sexual misconduct disciplinary process that is unfair, lacks due process, does not comply with the law or university policy, and where the charges are not supported by the evidence.” John Doe was punished with a “three-year suspension and exclusion from campus until May 15, 2020, required completion of a sexual misconduct educational program, a no-contact directive as to Ms. Roe, a status of disciplinary probation for the remainder of his studies, and indefinite exclusion from university housing.” The petition names outgoing campus Chancellor Nicholas Dirks and the Regents of the University of California among the lawsuit’s respondents and requests as relief a writ of mandate to set aside the findings and sanctions against Doe.
dailycal.org By Bobby Lee
When an overly-intoxicated girl showed up on the steps of the Alpha Epsilon Pi fraternity house during Orientation Week in 2015, the brothers’ first response was to help her. “We only brought her onto our porch because we decided she needed help and that turning her away would be immoral,” Johnson said. They never expected it would lead to a five-month long battle with the Office of Student Conduct about whether or not they had violated the University’s alcohol policy. “We were innocent by their own terms, and then they decided to throw out their terms,” said Todd Miller*, Pratt ‘16 and a senior member of AEPi at the time.
dukechronicle.com By Claire Ballentine
A former student is suing Vanderbilt university alleging he was wrongfully expelled three days before his planned graduation a year ago. The plaintiff “Z.J.” alleges that Vanderbilt officials violated his rights of due process and equal protection after he was accused of sexual assault by a female student. The university’s investigation found Z.J. at fault and expelled him; an internal appeals board upheld the findings and expulsion. ZJ’s lawsuit claims the investigation was biased, that the alleged victim’s testimony was inconsistent, and that the spotlight on the administration following the much-publicized rape trials might have affected the university’s decision to expel him. ZJ is seeking $10 million in damages, in addition to an expungement of the assault, an admission of fault by the school and a conferring of the plaintiff’s degree.
nashvillescene.com By Cari Wade Gervin
A UCF male student expelled last year over allegations he raped a female student after a night of drinking is fighting in court to return to school. “I didn’t do this,” he testified at his school discipline hearing, I want my student life back.” Prosecutors did not pursue a criminal case against the male student because of problems with the accuser’s credibility and a missing key witness. The male passed a polygraph test. According to the lawsuit filed against UCF, the man said the sex was consensual and that she made up the allegation because her boyfriend had caught her cheating on him. The man also disputed the fairness of his hearing because he was not allowed to bring up her previous sexual assault allegations against his roommate…Since late 2015 at least three others -a Rollins lacrosse player, a UCF ROTC cadet and a UCF freshman – have sued after they said they were unfairly punished for sexual assault allegations they denied committing. The courts rejected one case while two are still pending.
orlandosentinel.com By Gabrielle Russon
Attorneys for Occidental’s John Doe recently filed ‘Petitioner’s Opening Brief in Support of Petition for Writ of Mandamus’ in L.A Superior Court. Doe was expelled from Occidental College in 2013 following a TIX accusation/hearing of sexual misconduct. John Doe’s Opening Brief exposes the dirty little secret of Title IX tribunals and his exhibits provide insight into Jane Roe’s statements during the investigation process versus her statements at the TIX hearing. Also revealing are the 42 questions that John Doe prepared for his TIX hearing. Many were not asked by the seemingly biased TIX adjudicator. For inquires contact Doe’s attorney, Mark Hathaway 213-688-0460.
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
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