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
Court Rulings & Settlements
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
Allegheny College recently settled the federal civil-rights lawsuit brought by “John Doe”…Doe alleged that Allegheny consistently kept him in the dark throughout the 2015 proceeding. “Allegheny engaged in a pattern of conduct and employed methods, including arbitrary deadlines, unreasonable notice, and unfairly withholding information, which violated its own policies, all of which denied John a meaningful opportunity to defend himself against Jane’s false claim,” and gave him no “meaningful appeal” of his expulsion, the most severe sanction a college can impose.
Rolling Stone has settled a lawsuit with the University of Virginia fraternity whose members were falsely accused in 2014. After several years of legal upheaval the magazine is putting an end to its battle with the fraternity by agreeing to pay the group $1.65 million to settle a defamation lawsuit,
dailycaller.com By Chuck Ross
nbcnews.com By Ali and AP
The Second Circuit U.S. Court of Appeals reversed a U.S. District Court decision, the panel ruled Friday that a former athlete’s suit against Columbia University, which suspended him for a year for “sexual assault: nonconsensual sexual intercourse,” may go forward based on his claim that university officials acted with anti-male bias, in violation of Title IX.
washingtonpost.com By Fred Barbash
COURT ORDERS LA SIERRA UNIVERSITY TO HALT EXPULSION OF STUDENT IN TITLE IX SEXUAL MISCONDUCT CASE
Riverside, CA – La Sierra University has been ordered to stop the expulsion of an international student pending court review of the university’s Title IX sexual misconduct disciplinary process. The stay order, issued July 15, 2016 by Riverside Superior Court Judge John D. Molloy, allows the student to stay enrolled and register for classes for the Fall term. John Doe, as student is identified in court records, claims that the university sought to expel him and to revoke his student visa status on May 10, 2016, without any hearing and without identifying the witnesses against him or disclosing any evidence to him. A court hearing on John Doe’s appeal is scheduled for September 16, 2016.
Over 4,100 colleges and universities, with 20.6 million undergraduate and graduate students, are impacted by efforts of the U.S. Dept. of Education’s Office of Civil Rights to withhold federal education dollars in order to compel colleges and universities to address sexual violence on their campuses. According to court filings, La Sierra University, a private college founded by the Seventh-Day Adventist Church, receives some $30 Million in federal education funds annually.
Case is filed as John Doe v. Marnie Straine, Interim Title IX Coordinator, et al., Riverside County Superior Court Case No. RIC 1606115.
Professors dispute negative tenure decisions all the time, but rarely do their cases end up in court. That’s because pursuing a legal case against an institution is time-consuming and costly and, most importantly, courts nearly always defer to colleges’ and universities’ initial judgments.
Not so though with an ongoing case at Cornell University. A state judge in November ruled that the university had so bungled a tenure review that he vacated the original decision against the professor in question and ordered a new one. Judge Rich blasted Cornell for ignoring its own rules and acting “capriciously… “The professor was entitled to due process. Cornell speaks of a level playing field but keeping the allegations secret from Vengalattore while having those allegations sour his tenure review creates anything but a level playing field and was arbitrary and capricious,”
San Diego State University has agreed to pay $10,000 and take other steps to settle a lawsuit filed by a former student who said he was suspended and wrongly accused of sexual assault. Besides the monetary award, the settlement states three employees would be sent to a Civil Rights Investigator Training and Certification course. Attorney Lombardo, who represented Sousa in his first lawsuit against SDSU, said the request for training was an attempt to prevent others from being wrongly accused. “If they’re going to identify an offender, they need to do it in a measured, thoughtful and methodical way,” he said. Sousa said he did not seek a large monetary settlement because he did not want taxpayers burdened with the cost. “No amount of money can compensate for what I went through,” he said. “My main objective was to vindicate my name.”
An administrative review has upheld UNC-Chapel Hill’s investigative finding that there was no violation by a suspended UNC football player accused of sexual assault. In a short statement Friday, Kerry Sutton, the attorney who represents Allen Artis, said the university’s original finding had been affirmed by Gena Carter, an administrative reviewer chosen by the university.
newsobserver.com By Jane Stancill