Senior “John Doe” won a preliminary injunction against the school Monday, ensuring that he will be able to complete his final exams this semester. When asked at the preliminary injunction hearing why an attorney is not allowed to participate in the hearing, a university official said it’s because the proceedings are “educational.” According to a federal judge that just ruled against the university, being thrown out of school, not being permitted to graduate and forfeiting a semester’s worth of tuition is “punishment“ in any reasonable sense of that term. Most importantly, the judge wrote: “The public has an interest in fundamentally fair and sound educational discipline that is not imposed arbitrarily or capriciously.”
thecollegefix.com By Greg Piper
Court Wins & Settlements
Rice’s lawyers say a Lee County grand jury has declined to indict former Auburn tight end Landon Rice on a rape charge.. Incredibly, Auburn’s Title IX office determined otherwise…Rice’s lawyers say he “passed a polygraph test that specifically asked whether he had ever forced his accuser to have sex in any manner, whether all their encounters had been consensual, and whether he’d ever forced her to have sex after she refused. “Those conducting the Title IX inquiry refused to consider the polygraph results. The untrained individuals who investigated this charge did not provide Landon a hearing, did not permit cross-examination of the accuser or witnesses, and totally disregarded serious contradictions in the most relevant testimony.” In contrast, a criminal grand jury found no probable cause (a lower standard than that used by the Title IX office at Auburn) for any criminal charge against Landon after hearing testimony from both Landon and his accuser. Landon has never been charged or arrested for any crime.
www.al.com By James Crepea
John Doe has settled with Lynn University after he was suspended for a year over a sexual assault accusation that local police ultimately determined was “unfounded.” Police deemed the female’s accusation “unfounded”after viewing campus video surveillance that showed the accuser right before and after her encounter with Doe- walking normally and talking to friends. Within 30 minutes of her encounter with Doe, she was seen holding two cups of liquid from the dining hall, and balancing on one foot and pushing the elevator door button with the other. Footage from just after the encounter showed the accuser with her arms around two other men, laughing and smiling. Again, she used her foot to kick the elevator door button….The accuser made statements suggesting she was not raped and said her friends “encouraged her” to report, as did her parents. Despite clear evidence indicating no rape occurred, Lynn University still suspended Doe for one year.
TheFederalist.com By Ashe Schow
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
Rolling Stone has settled with former University of Virginia dean Nicole Eramo over the magazine’s portrayal of her in a since-debunked story about a gang-rape that never happened. Rolling Stone and the author (Sabrina Erdely) still face a lawsuit from the fraternity maligned in the article, whose U.Va. house was vandalized and protested after the article was published. The woman who made the false accusation was recently ordered to comply with that lawsuit.
watchdog.org By Ashe Schow
A former Columbia University student, Paul Nungesser, who is suing his alma mater for failing to stop his accuser from publicly harassing him has lost in court a second time. “From the outset of this case, Judge Woods has been decidedly closed-minded to Paul Nungesser’s claims,” Miltenberg said. “Based upon that, we are not surprised with Judge Woods’ decision dismissing the second amended complaint. Still, we are exceptionally disappointed; Paul is a real victim, and the 100 page complaint is very detailed and clearly sets forth substantial claims including violations of Title IX, basic principles of equity and beyond.” Paul’s parents released their own statement regarding the decision: “We are disappointed but we are looking forward to bringing the case to the U.S. Court of Appeals for the Second Circuit. If Judge Woods’ decision stands, an acquittal at a university hearing is utterly pointless, since it would allow university sponsored defamation and public harassment of innocent students.”
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 sexual assault conviction against former Baylor football player Sam Ukwuachu has been overturned by Texas’s 10th Court of Appeals. The appeals court overturned Ukwuachu’s conviction because text messages between the victim and a friend of hers on the night of the alleged assault were improperly excluded from evidence. Ukwuachu claims the texts show that he had consensual intercourse with the woman. The court ruled that Ukwuachu be given a new trial.
Three Minnesota football players have been cleared of sexual harassment allegations in the final round of appeals at the school and will be allowed to return to spring practice. “These couple of months have been nothing short of a nightmare for me and I want to thank everyone who has reached out to me and shown nothing but love,” Winfield posted on Twitter. “Today I have officially been cleared and I am excited to tear up the field for my brothers and my gopher fans.”
reviewjournal.com By Jon Krawczynski
AMHERST JUDGE: Male student expelled for sexual assault may have been victim himself
CALIFORNIA JUDGE: Disparity in campus tribunal ‘enough to shock the Court’s conscience’
CORNELL: Caused ‘actual harm’ to student accused of sexual assault
COLORADO STATE UNIVERSITY PUEBLO: School’s sexual assault proceeding suggests ‘bias and inaccuracy’
OHIO JUDGE: Accused students have right to cross-examination
watchdog By Ashe Schow