San Diego State University violated “procedural fairness” by refusing to let a student accused of rape have an advocate “with the same or substantially similar skills, training and experience” as his accuser’s advocate, ruled California Judge Wohlfeil. Wohlfeil also denounced the university’s “well-intentioned, but deeply flawed, administrative system to investigate and review complaints of student misconduct,” which stacks the deck against accused students. “The disparity of these circumstances is enough to shock the Court’s conscience,” the judge wrote.
Court Wins & Settlements
A federal judge refused to dismiss most claims from a former Colorado State student who accuses the school of gender bias in suspending him and stripping him of his athletic scholarships after what he calls a false accusation of rape. Grant Neal sued Colorado State University, Pueblo on eight causes of action, including breach of contract, breach of faith, violations of Title IX and due process, and procedural matters. The school had suspended him and took away his wrestling and football scholarships. U.S. Magistrate Judge Craig Shaffer wrote that the school’s investigation was wrought with “bias and inaccuracy.”
courthousenews By Emma Gannon
A judge has ruled that Cornell acted in an “arbitrary and capricious” manner by refusing to follow its own anti-discrimination policy, which caused the male accused student “actual harm.” Even though both students’ claims should have been investigated per Cornell policy, only Jane’s was looked into. John alleged in his complaint against Cornell that the investigator looking into Jane’s claims showed a clear bias against him. For example, the investigator asked “misleading, prejudicial and slanted questions only of John Doe,” and refused to require Jane and her witnesses to preserve and produce text messages that could have helped John’s complaint against Jane.
watchdog.org By Ashe Schow
Judge Orlando Hudson issued a ruling on a preliminary injunction allowing a suspended men’s soccer player to remain at Duke. “He selected Duke,” argued his attorney “When he came to Duke after doing that research and deciding on Duke, he agreed that he would play soccer for them and live by their rules. And Duke has to live by the rules too.” Judge Hudson responds: “I also agree that he has established and carried his proof on his claims that his hearings were fundamentally unfair, the mandatory injunction will be allowed.”
dukechronicle.com By Frances Beroset
The University of Minnesota panel cleared four students, eased the sanctions on one player and upheld the punishments for the other five. “Green, McCrary, Shenault and Winfield Jr. are very pleased to be vindicated by the panel’s rulings,” attorney Hutton said. “The allegations against them were unwarranted and could have greatly harmed their bright futures. They look forward to putting this incident behind them and moving ahead in their academic and athletic pursuits.” Hennepin County authorities twice declined to charge any of the players, citing a lack of evidence, but Title IX accusation hearings carry a significant lower burden of proof.
A lawsuit was filed in November 2015 by the UVA chapter of Phi Psi and has been in limbo while Dean Eramo’s lawsuit moved forward. An attorney for Phi Psi said Monday they’re seeking a “broader area of inquiry” than what was requested by Eramo, and a judge has again ruled that Jackie must comply with a subpoena to turn over documents relating to the case…Jackie’s claims about a gang rape fell apart once it was discovered that the man she allegedly had a date with on that night didn’t exist. Numerous doubts began to emerge, leading to a retraction from Rolling Stone, an investigation of what went wrong from by Columbia Journalism Review, and three lawsuits.
watchdog.org By Ashe Schow
Cornell University and its Title IX Coordinator, Sarah Affel exhibited cruel and unusual punishment towards one of their own male students as evidenced by this recent decision by The New York State Supreme Court.
Recently, the Hon. Eugene D. Faughnan found that Cornell University and its Title IX Coordinator, Sarah Affel, acted “arbitrarily and capriciously” and “without any rational basis” when they refused to promptly investigate John Doe’s claim that a Cornell Title IX investigator discriminated against him in a sexual assault matter in which he is both a complainant and a respondent.
-The Court found that John Doe suffered “actual harm” and was prejudiced in the sexual assault matter by Cornell’s arbitrary and capricious refusal to comply with its own Title IX-mandated anti-discrimination policy.
-The Court ordered Cornell and Ms. Affel to immediately investigate the male student’s discrimination complaint.
In summary, the biased Cornell Title IX investigator refused to properly investigate John Doe’s claim that he had been sexually assaulted and tried to prejudice him in connection with Jane Roe’s sex assault claim. When John Doe sought redress under Cornell’s Title IX-mandated policy prohibiting staff members from discriminating against students, Cornell ignored that claim as well, refusing to promptly investigate.
Read Court Decision Here: Cornell Decision and Order 1 20 17
John Doe’s Attorney Alan Sash: thetab.com
A federal judge has denied a motion from lawyers representing St. John’s University and the College of St. Benedict to seal documents filed in a Title IX lawsuit against the schools. Judge Brisbois denied the motion, saying that the right of access by the public is “far higher than the deminimis nature of that right which the defendants have argued…Lawsuits similar to the present action are being filed across the nation, and they are the basis for a national debate regarding what procedures ought to be required for investigating allegations of sexual misconduct on campus; such as the sexual misconduct investigation underlying the present complaint,” he wrote.
www.sctimes.com By David Unze
Sacred Heart University has issued a letter of apology to a local man for wrongly posting his name and photograph on leaflets. The letter of apology is part of his settlement of a $1 million defamation lawsuit against the Fairfield school. His attorney Thomas Ganim, confirmed that a settlement in the Superior Court lawsuit had been reached but declined comment on the details, citing a confidentiality agreement with the university.
www.ctpost.com By Daniel Tepfer
Attorney Kimberly Lau representing an innocent accused male from Cornell has successfully reached a settlement. After Ms. Lau had two motion wins- a motion to dismiss and a motion to amend, Cornell and Ms. Lau’s client reached a confidential settlement agreement… Another recent settlement win for Ms. Lau is with Wesleyan College. It’s a little known secret that colleges do settle with innocent accused males, but because the settlements are confidential, there is very little publicity.