A male found guilty by Cornell of sexually assaulting a female could be back on campus because a judge temporarily barred the University from suspending him. Unbelievably, Cornell also slapped a second guilty finding against John Doe. Cornell ruled that the male student accused the female student of sexual assault as “a tactical maneuver and in bad faith.” The panel said the male student, in claiming that Roe had initiated sex without his affirmative consent, had put Roe “through the proverbial wringer” and that it constituted retaliation, prohibited by Cornell policy…John Doe’s lawsuit alleges both that Cornell arbitrarily and prejudicially departed from its own policies and that Cornell’s findings of guilt are unsupported by the available evidence.
cornellsun.com By Drew Musto
Court Rulings & Settlements
The rate of allegations are far higher at elite schools. Given the disproportionate number of elite institutions in the states of the First Circuit, it should come as little surprise that the area has featured a disproportionate number of due process cases. These cases run the gamut—with one Appeals Court decision favorable to due process (Columbia) one unfavorable (Houston) and one highly unfavorable decision (Cincinnati.) The BC case could provide more clarity- and seems likely- at least based on the oral argument, to produce a victory for the accused student. The outcome from this liberal circuit could carry considerable weight… The facts of the BC case are unique: it took a year and a half for JD to prove his innocence, and the prosecutor dropped all charges. BUT the investigation at Boston College took a different course. In summary, the First Circuit seemed most concerned with the issue of breach of contract.
academicwonderland.com By KC Johnson
A jury found expelled UW-Madison student Nicholas Ralston, first arrested in 2015, not guilty of third-degree sexual assault Wednesday.
A fair process that includes due process does not impede justice. Adding balance and fairness to a corrupt system will help all parties involved, especially if it tamps down the current hysteria. To see schools settle with accused students, rather than fight them, is encouraging. What would be more encouraging is if more schools changed their policies to protect the rights of accused students and stopped the witch hunt mentality raging on campus… “a system without due process ultimately serves no one in the end.” Betsy DeVos
thefederalist.com By Ashe Schow
By a split 2–1 decision, the US Court of Appeals for the Fifth Circuit recently held that the University of Houston did not violate the due process rights of two students who were expelled for sexual misconduct. The Plummer case presents two clearly contrasting judicial viewpoints-a majority opinion showing deference to the University and a dissenting opinion asserting that the judiciary must intervene to correct processes that are not protecting the rights of the accused. The case remains before the Fifth Circuit, where the students have petitioned for a full en banc review…In their petition, the students request that the full Fifth Circuit provide “what the [majority opinion] failed to do: guidance for colleges and universities to implement Title IX in accordance with the Due Process Clause.” (Plummer v. University of Houston, et al., No. 15-20350 (5th Cir. June 26, 2017).
nixonpeabody.com By Sciocchetti and Richard
Paul Nungesser finally got justice last week. Columbia University announced earlier this month that it had settled the lawsuit filed by Nungesser. For universities, handling sexual assault is a matter of money. And so far the suits by those falsely accused have not been expensive or frequent enough to deter schools from these witch trials. Frankly it’s going to take some big lawsuits to change colleges’ calculations, and that’s why it’s a shame (but not an accident) that the amount of the Columbia settlement was undisclosed. The administration doesn’t want to encourage more plaintiffs to come forward at Columbia or elsewhere.
nypost.com By N.S. Riley
Background on this insane case: Neal’s TIX investigation was based on a complaint from another female. Neal’s girlfriend did not accuse him and both Neal and his girlfriend contend their sex was consensual. Neal was not charged in court with rape or any crime…Neal filed a lawsuit against CSU Pueblo stating that gender bias against male athletes and the university’s self-interest in its reputation were reasons he was suspended indefinitely in 2015…Recently the State Claims Board voted to approve CSU Pueblo’s monetary terms of the settlement agreement. “The agreement included monetary and a number of non-economic terms.” Hopefully now Grant Neal will resume his college education and get his degree.
Columbia settled the second lawsuit filed by Nungesser. In filing the lawsuit last year, Nungesser said “While I personally would like to put this case behind me, I also think this complaint raises some fundamental questions that our society deserves answers to.” Those questions, he says, include whether male and female students have the same rights, and whether “a false accusation [is] all it takes to lose any right to a normal life and a normal college experience.”
hotair.com By Ed Morrissey
A former Florida Gators football player from Jacksonville is working to clear his name after sexual assault and false imprisonment charges against him were dropped. “I was actually in jail and I received a letter saying that I could no longer be on the University of Florida property,” McMillian said. “I was emotional. But then again, I had in my mind and I knew for a fact I didn’t do it. So I knew that justice would come through.” The charges were later dropped due to a lack of evidence. McMillian said the woman lied, possibly hoping to make money.
news4jax.com By D. McKeiver
Nungesser’s suit charged that the University failed to protect him from-and even encouraged-sustained protest by Sulkowicz, which Nungesser initially argued was a violation of Title IX. The University announced that it had settled the suit in a conciliatory statement which reaffirmed that Columbia’s investigation had found Nungesser not responsible and expressed regret that his time after the investigation was “very difficult for him and not what Columbia would want any of its students to experience.”
columbiaspectator.com By Aaron Holmes