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
Court Wins & Settlements
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.
A federal court says a public university in Virginia violated a student’s right to due process by punishing him severely after exonerating him of rape allegations. The university’s five-and-a-half year suspension of Doe only happened after his accuser, “Jane Roe,” appealed a finding in his favor. The U.S. Constitution does not allow an accused person to be tried again after exoneration, known as double jeopardy, but the practice was forced on colleges by the Department of Education’s 2011 “Dear Colleague” letter.
thecollegefix.com By Kayla Schierbecker
A Connecticut state court judge rebuffed Central Connecticut State University’s attempt to use FERPA to deny an accused student access to evidence against him. The decision is a shot across the bow for schools considering invoking FERPA to withhold police records during disciplinary proceedings even though FERPA explicitly excludes law enforcement records from being withheld. The university’s distorted interpretation of FERPA is noteworthy because it perversely construed the statute, which was designed to protect students’ rights, to require the denial of one of the most fundamental due process rights of the accused-the right to present a defense.
www.thefire.org By Zach Greenberg
Judge Elizabeth Dillon proved that some campus procedures are just too outrageous to survive judicial review. The judge’s due process ruling came in a case out of James Madison University. The case illustrates the effects of an often-overlooked effect of the 2011 Dear Colleague letter-the requirement that colleges allow accusers to appeal not-guilty findings…this double-jeopardy principle creates an additional layer of injustice. “No reasonable jury,” [Judge Dillon] concluded, “could find the accused student was given fundamentally fair process. Instead, the undisputed facts show that JMU denied him a ‘meaningful hearing.’”
www.mindingthecampus.org By KC Johnson
As discussed in more detail below, the court will grant Doe’s motion for summary judgment as to liability, concluding that Doe had a protected property interest in his continued enrollment at JMU and that he was deprived of that interest without due process of law.
In 2014 John Doe was expelled from Swarthmore College, and then sued Swarthmore under Title IX. After John-Doe-vs-Swarthmore was filed Swarthmore said “additional information became available which both parties believe raises questions about the impartiality of the college judiciary committee panel that heard John’s case. On the basis of this new information, John has requested that the college vacate the panel’s findings and sanction. The college agrees that the new information raises sufficient questions about the fairness of the hearing to warrant vacating the panel’s findings and sanction.” After this, the federal judge in the case agreed to a joint motion from the college and the student to dismiss the lawsuit.
2011-2016 will be remembered by many college males as years of being unjustly and unfairly persecuted for innocent actions and words. The constant and aggressive attacks on college males in the form of false accusations is downright shameful. Title IX is often used as an anti-male bully club to deny hundreds of males their college degrees. Even Forbes magazine acknowledges that males are an endangered species on college campuses. These years will also be remembered for turning progressive leaning college males into conservatives for life, my son included.
It is my hope that 2017 will quickly usher in much needed campus sanity, fairness and due process. Starting with the repeal of the 2011 DCL. If you want to be a voice for campus change begin here by telling our President-Elect Donald Trump to repeal the 2011 DCL. https://apply.ptt.gov/yourstory/
Thank you, Alice True