A student who claims the University of Notre Dame wrongly expelled him in April- by conflating suicidal texts to a former romantic partner with “dating violence” – has found a sympathetic ear in federal court. In a motion for “partial summary judgment” last month, Doe sought relief based on “undisputed facts” that show the university violated his due process rights. The three-page letter requests that U.S. District Judge Philip Simon “hold as a matter of law that Notre Dame has breached its contract with Plaintiff.” The Catholic university’s chances of getting out of the lawsuit unscathed look questionable. It has met with attorneys for “John Doe” twice since July, in a “settlement conference.”
thecollegefix.com By Kayla Schierbecker
Court Rulings & Settlements
A federal judge recently ordered the public university to let “John Nokes” back on campus, lift his punishments (save for a no-contact order) and not release his real name, as Nokes’ lawsuit against the public university continues. Miami University may be in a mood to settle, and not just because U.S. District Judge Michael Barrett shredded its adjudication procedures for failing the most basic rules of fairness – notably, the opportunity to cross-examine “adverse witnesses.” The university also has already drawn a warning from Barrett for violating the rules of his court
thecollegefix.com By Greg Piper
In the midst of a national controversy over US Department of Education Title IX directives, a federal judge recently ruled to allow a male student’s Title IX lawsuit against Case Western Reserve University (CWRU) to move forward. The plaintiff, John Doe, was a sophomore at CWRU when he was wrongfully accused of sexual misconduct and suspended for three years. CWRU failed to provide a fair and unbiased investigation of the encounter, resulting in the violation of Title IX and John Doe’s fourteenth amendment rights to due process. The university failed to avoid conflicts of interest by having one employee pursue both the investigation and adjudication of John Doe; this Title IX staffer had written her doctoral dissertation on “The Dangerous Reality: Sexual Risk Taking Among College Women.”
prnewswire.com Nesenoff and Miltenberg, LLP
The Claremont Independent uncovered a March court order that found Sandra Vasquez (New Dean and Title IX Coordinator at Pitzer College) hid “material evidence” from a male falsely accused of “relationship violence” when she was associate dean of students and director of judicial affairs at the University of California-Santa Barbara. The Independent said it also learned the Dept. of ED is investigating Vasquez’s alleged discrimination against the “low-income, minority student” as potential Title IX and Title VI violations. Superior Court Judge Thomas Anderle’s order against UCSB makes Vasquez and other officials who handled the “John Doe” case sound almost like cartoon villains.
thecollegefix.com By Greg Piper
A U.S. district court judge has ruled former Liberty University football player Cameron Jackson can move forward with seven of the 18 claims in his lawsuit filed against the school and other defendants. The lawsuit seeks approximately $100 million in compensation for damages to Jackson’s academic and athletic career, as well as to his reputation. The lawsuit casts doubts on the accuser’s charges and alleges she acted maliciously, the response of Liberty and its employees was inept and that staff did not protect Jackson from on-campus harassment aimed at him by other LU students, which caused Jackson to stop attending classes.
newsadvance.com By Josh Moody
On a factual basis, the Amherst case is one of the most egregious since the Obama administration implemented its policy in 2011. The lawsuit revealed documents that the public almost never gets to see, such as the full investigative file, the transcript of the disciplinary hearing and other material from the campus process. As laid out in the legal complaint and subsequent filings, the controversy over the investigation has focused mostly on a string of texts that the accuser sent the night of the incident. The texts suggest that she had initiated the sexual encounter and that she was in search of a “good lie” to avoid fallout for having hooked up with the accused student, her roommate’s boyfriend. After the judge expressed strong skepticism toward Amherst’s investigation, the two sides came to a settlement.
washingtonpost.com By KC Johnson
Pennsylvania State University knows that it’s supposed to “believe the survivor,” but a federal judge just told the public university it has to verify her claimed evidence… John Doe alleged that Penn State refused to require his accuser to provide a written statement with specific allegations throughout the nine-month investigation, preventing him from giving an informed defense. Because the outcome of the proceeding depended on “credibility-based determinations,” the university was wrong to block “almost all” of Doe’s 22 questions for Roe. Judge Brann had particular scorn for Katharina Matic the Title IX investigator.
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
The sexual assault charges brought against former Cornell basketball forward Xavier Eaglin ’19 in March 2016 have been dismissed. Although Eaglin no longer faces criminal charges, he will not be able to return to Cornell. After his arrest, Eaglin was dismissed from the basketball team and banned from campus. He spent seven days in jail before he was bailed out by his parents and then returned home. “We are just thankful justice prevailed and that we can start repairing our lives,” said Eaglin’s mother Clara Eaglin.
cornellsun.com By Anna Delwiche
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.