Yale University has been the subject of three lawsuits and two federal investigations since 2011 that center on the university’s ability to examine claims of sexual misconduct. Yale has been sued by three men who claim Yale’s sexual-misconduct committee discriminated against them based on their gender or denied them their due-process rights. The highest-profile case is a suit filed by Jack Montague, a former varsity men’s basketball captain expelled during his senior-year second semester. Another male filed a federal suit against Yale and simultaneously filed a complaint with the DoEd’s Office for Civil Rights, alleging Yale discriminated against him in a misconduct hearing because of his gender.
These lawsuits, and the potential for more, pose a threat to Yale.
businessinsider.com By Abby Jackson
JUDGE RULES: ‘Credible’ Romance Between Accuser Jennifer Schoewe & Det. William Richey. The Accused TIX Claim Will Go Forward.
A federal judge refused to dismiss a lawsuit against the University of Cincinnati by Tyler Gischel, whom it expelled after Jennifer Schoewe made a TitleIX accusation against him. Gischel’s TitleIX claim against the university for an “erroneous outcome,” procedural due process claim against individual officials and “malicious prosecution” claim against a detective in the case are going forward, under Judge Susan Dlott’s order.- In a bizarre twist, Gischel pointed to text messages between Schoewe and UC Detective William Richey that suggested they developed a “romantic relationship” during the investigation – evidence that Judge Dlott called “credible.”
A new lawsuit filed this month is similar to one pending before Judge Matthew W. Brann. In this current lawsuit a former Penn State male, John Doe, is challenging the method Penn uses to resolve sexual misconduct cases. Doe claims his due process rights were violated by not being permitted to attend a Dec. 2015, Title IX panel hearing, confront his accuser or ask questions. He charges he was required to prove the sex was consensual and Peters, who investigated the matter as a police officer, was biased against him. The second and similar suit before Judge Brann was brought by a sophomore pre-med student claiming Penn’s disciplinary process in sex misconduct cases is tainted by anti-male bias. Brann issued a preliminary injunction in Aug. 2017, that prevented the university from imposing sanctions that included suspension for the current semester and a ban from the accelerated pre-med program.
pennlive.com By John Beauge
It would likely be considered unseemly for a newspaper [[NY Times] to put out a notice that it would like to publish a story about a particular identity group being victimized. After all, newspapers report news, not create the news they want to report. Today, there is a more social media perspective, where one sniffs the air for the stench of outrage and then solicits the stories that emit the desired odor… And create a story where none exists. This has become a staple of campus Title IX accusations of sexual misconduct. Today it is entirely legitimate for a woman to reconsider consensual conduct at the time such that it morphs into misconduct in retrospect. Often this comes when a friend, or gender studies prof, explains why their consent wasn’t really consent.
simplejustice.us By Scott H. Greenfield
Two female students at Yale formally accused a male student mere minutes apart on the same day, saying he groped both of them on a bus and one of them months earlier in Paris. They teamed up again by coordinating their testimony against the male – “who has been a conservative columnist for the Yale Daily News” – during the Title IX hearing itself, according to the accused student’s new lawsuit against Yale. “John Doe,” whose parents immigrated to America in 2011, claims Yale found him responsible for sexual misconduct in spite of the fact that three witnesses walking behind him and “Jane Roe” in June 2016 in Paris did not see the alleged groping. To reiterate, despite the fact that no witness testified to observing the alleged groping, the panel found Doe responsible for groping.
thecollegefix.com By Greg Piper
A former Syracuse University student was kicked out of school for a sex assault he says he didn’t commit. A black male student, filed a federal civil rights lawsuit saying a female student, who is white, misidentified him. The male student argues in his lawsuit that Syracuse suspended him indefinitely after a rigged process in which he never faced his accuser- even though he was never charged by police. The accuser never pressed charges, instead she choose the easy TitleIX way. The lawsuit states: she “never appeared before the [TitleIX] hearing panel so that the panel could assess her credibility and the investigator made excuses for inconsistencies in Jane Roe’s statements. – In contrast, the accused was found to be not credible because of small inconsistencies in his testimony.” Personally, I call this injustice the easy TitleIX way, railroading innocent males.
syracuse.com By Douglass Dowty
Aziz Ansari is lucky he’s not a college student; otherwise he could have been accused months after the incident, investigated by a lone administrator with sole power to decide which witnesses to interview, called before a hearing to answer charges he does not fully understand, forbidden from consulting a lawyer or cross-examining his accuser, found responsible for sexual misconduct under a preponderance of the evidence standard, and expelled from campus as required by TitleIX. Consider a few TitleIX cases where young men suffered severe consequences. At Occidental College, a male student, John Doe, had sex with a female student, Jane Roe. Jane had every intention of sleeping with John-she had asked him to keep a condom handy. Later, she felt badly about the experience, and was persuaded by a sociology professor that because she was impaired by alcohol during the encounter, she couldn’t have given consent. John was eventually expelled. At Amherst College, two intoxicated students, John Doe, and Jane Roe, retired to a dorm room, where Jane performed oral sex on John. John would later claim he was blacked out. Amherst administrators deemed his story “credible,” but noted that drunkenness was never an excuse for engaging in nonconsensual sex-which is what Jane accused John of, two years later. He was expelled. There are hundreds of drunken hookups gone wrong, misinterpreted signals, and unmet expectations that culminated in powerful universities punishing young men for sexual assault.
reason.com By Robby Soave
John Doe finally got a measure of justice in his battle with the University of Notre Dame. The Catholic university settled the male student’s sex-discrimination lawsuit for expelling him. According to Judge Philip Simon, the university’s TitleIX investigation into Roe’s claims was severely lacking. Notre Dame’s TittleIX missed the fact that after Roe filed her complaint, the parties had a “near daily discussion” that included sexually suggestive texts and pledges of love from Roe. Roe also kept her text messages with Doe after they broke up and selectively released them to the investigator, showing only those that “placed John in a very bad light and without context.” The judge portrayed their constant texting as normal relationship behavior, and not threatening behavior as Notre Dame portrayed it.
thecollegefix.com By Greg Piper
A former Dartmouth College male student has sued the school, saying he was unfairly expelled after a female student filed a physical assault complaint against him. “John Doe” says in the New Hampshire federal lawsuit (start on pg.3) that Dartmouth’s investigation was biased. Personally, I think that’s putting it mildly. Female wanted S&M sex, while slapping the male. The male is blacked out and wakes up with a bloody nipple, sore genitals, bruises, and no memory of falling off the bed engaged in rough sex. Afterward the female implies that if he has sex with her again, she won’t accuse him. He didn’t take her up on it.
Since 2011 Obama’s Department of Education, instructed universities to get involved in any and all sexual conduct between students. Obama’s 2011 “Dear Colleague” letter presented universities with an ultimatum: create Title IX kangaroo courts to adjudicate claims of campus sexual assault, or face an end to all federal funding. Universities were encouraged to abandon in their systems the protections Americans enjoy in the court system when accused of criminal acts, including the right to effective counsel, cross-examination of witnesses, object to false or prejudicial evidence, and a high standard of proof. The schools complied. Today hundreds of lawsuits have been filed by the falsely accused for due process violations etc., and as the courts continue to find that the Obama era 2011 sex rules are indeed unconstitutional, universities continue to be inflexible. If President Trump wants to reverse the damage done by the letter, he’ll have to do more than simply revoke the letter.