In 2014, a white female student at the University of Findlay accused two black athletes of sexually assaulting her. The university expelled the two men 24 hours later without bothering to interview witnesses who would have contradicted the accusation. According to the two men’s lawsuit against Findlay, investigators ignored considerable evidence that the accuser did not merely consent to sex—she bragged about it later. In my original write-up of the lawsuit, I called it perhaps the most blatantly unfair Title IX case I had ever covered. That dispute is still working its way through the courts…One of the young men, Alphonso Baity, was finally able to find a basketball program that would let him on the team. That’s quite an accomplishment. Students expelled for sexual misconduct have a tough time earning admission to another school, no matter how farcical the charges against them. But National College Athletic Association won’t let Baity play. Baity’s ongoing ordeal should serve as a powerful reminder of why due process protections are so important. False accusations really do have the power to derail lives and end promising careers.
reason.com By Robby Soave
Good news. Landon Rice transferred to Jacksonville State. Rice, a former four-star prospect from Rome, Ga., was dismissed from Auburn University before ever playing a game for Auburn after being accused of non consenting sex. “After speaking with several officials from Auburn University and getting all of the facts surrounding the investigation, and after meeting with Landon, we decided to allow Landon to enroll at JSU and join our football program.” [SOS refers to Rice as innocent because Rice passed a polygraph, and no charges were ever filed. Whereas the Title IX lawless system that determined Rice responsible is a deeply unjust shadow court devoid of due process.]
montgomeryadvertiser.com By Matthew Stevens,
A male student expelled from Johnson & Wales University in Providence, RI, has commenced suit in federal court in Massachusetts, claiming he was unlawfully held responsible and expelled after an unfair, prejudged internal judicial process that violated not only ordinary norms of fairness, but also the university’s own guidelines… The more cases of campus sexual assault adjudications we cover, the more we see patterns. There frequently is an ongoing consensual sexual relationship in which only some of the interactions were claimed to be non-consensual; a delay in reporting the alleged assault; a process in which the accused is left uncertain as to the charges against him; an inability to be represented by counsel, a university investigation under pressure to “believe” the accuser; the inability to call key witnesses, the issue of whether there was sufficient affirmative consent (there being no claim that the female said “No”), and of course, the use of alcohol in varying degrees.
legalinsurrection.com By William A. Jacobson
Yale University has settled a lawsuit by a former student, John Doe, who says he was wrongly and unfairly expelled over a false sexual assault allegation in 2012. Doe says he and a female, who are both Native Americans, had consensual sex in January 2012 and she filed bogus sexual assault allegations in a strange plot to take control of Yale’s Native American Cultural Center. The lawsuit says Doe and the center’s former director both identify as Lakota Sioux, while the accuser and her friends identify as Navajo. The accuser and others wanted to oust the director and Doe and take control of the center to benefit Navajo students on campus. Doe accused the university of discriminating against Native American students, and said he was the “whipping boy” Yale needed to demonstrate a new zero-tolerance sexual misconduct policy.
boston.com By Dave Collins
JUDGE APPROVES ‘Title IX Retaliation’ Claims Against University that Fired Father of Accused Student
Tom Rossley accused the university he served for 23 years of “Title IX retaliation” when it fired him in 2016, following his unsuccessful pleas for his son, a disabled student accused of sexual assault. Now a federal judge has allowed the former trustee’s lawsuit against both Drake University and his former colleagues to go forward, saying Rossley’s allegations fit a precedent on “third-party retaliation” under federal discrimination law. The judge said the father’s allegations were “novel,” …but noted that not only does the ADA allow for “associational claims,” but that it prohibits retaliation against those who “made a charge, testified, assisted, or participated in any manner” in an investigation implicated by the ADA.
thecollegefix.com By Jeremiah Poff
The woman who accused Liam Allan said he had raped her, and that she did not enjoy sex with him. Thousands of her text messages said otherwise…What happened to Allan is happening on college campuses across America. The most famous example occurred at Amherst College. A blacked out male student received oral sex from his girlfriend’s roommate, who turned around two years later and accused him of sexual assault. After he was expelled, his attorney discovered text messages from the accuser making clear she knew she had done something wrong that night and her roommate would be mad about it. With “victim-centered” training for college investigators and campus police, incidents like this will be more common. Victim centered training insists investigators believe accusers and that any shifty behavior or lies they tell are the result of trauma. In other words, no matter what they do, they’re telling the truth.
thefederalist.com By Ashe Schow
A former Sacred Heart University student, accused of making up rape allegations against two football players to gain sympathy from a perspective boyfriend, rejected a plea agreement for the second time Wednesday. Yovino claimed she was raped in 2016, by the two young men in a bathroom during an off-campus party. However, pressed three months later about inconsistencies in her statement, police said Yovino admitted she had made the allegations up. Yovino is charged with second-degree falsely reporting an incident and tampering with or fabricating physical evidence.
ctpost.com By Daniel Tepfer
A stalled proposal to impose new rules and limits on how Georgia colleges handle sexual violence cases was given a new chance Tuesday in the legislature, though the measure’s author said he no longer sees a pressing need for it. On the second day of the 2018 session, the state Senate voted without debate to move House Bill 51 to a new committee after the Senate Judiciary Committee left it in legislative limbo without a vote last year. The measure’s sponsor, Republican Rep. Earl Ehrhart said last year that safeguards were needed to prevent campus disciplinary proceedings from tarnishing the reputations of students accused of sex assault while denying them due process.
A male graduate is suing Cornell University in federal court, claiming that Cornell and its Title IX investigator Sarah Affel, conducted a biased, arbitrary, capricious, unfair and harmful investigation. John Doe’s complaint accuses Affel of discriminating against him based on his sex, religion and ethnicity and failing to consider the results of a polygraph test he voluntarily took and passed. Doe further accuses Affel of relying on anti-male, and anti-South Asian stereotypes to find him responsible; and employed anti-Muslim bias when one of the witnesses brought up Doe’s Muslim faith, at which point Affel began to question the witness about Doe’s level of respect for women…The investigation and the one-year suspension handed to Doe gave him severe mental health problems-problems that resulted in his contemplating suicide and his being admitted to a psychiatric ward “for several days.” Doe is demanding a jury trial and is asking the University for damages.
cornellsun.com By Drew Musto
Last summer, a federal judge stopped Pennsylvania State University from suspending a male student it found responsible for sexual assault. The university had blocked “almost all” of the questions “John Doe” submitted and it refused to require his accuser to ever provide a written statement laying out her allegations. Horrifyingly, its Title IX investigator had actually redacted Doe’s responses for the Title IX hearing panel, in the name of objectivity…Last Monday, U.S. District Judge Brann rejected the university’s motion to dismiss the lawsuit. Doe’s Title IX claim only survives because his allegations – that only male students have been punished for sexual misconduct, and are “invariably found guilty” regardless of evidence – are just enough for Brann to “infer that PSU’s disciplinary process is tainted by anti-male bias”
thecollegefix.com By Greg Piper