Liberty University, five employees and a former student athlete are being sued by ex-LU football player Cameron Jackson, who alleges his Title IX rights were violated, he was defamed by the school and he was denied due process during an investigation into an alleged 2015 sexual assault. The lawsuit claims the accuser and two other LU female students engaged in a conspiracy against the football team, which included two later sexual assault claims that were reported to LU but not to law enforcement, in an effort to get football players in trouble. The lawsuit also claims that LU staff did not protect Jackson from on-campus harassment and such behavior caused him to stop attending classes. The lawsuit casts doubts on the accuser’s charges and alleges Jackson’s accuser acted maliciously and the response of LU and its employees was inept…All schools receiving federal funding must comply with Title IX regulations, or risk losing their funding. LU students received more than $825 million in federal student aid in 2014-15.
newsadvance.com By Josh Moody
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
Mitchell Abidor’s essay discusses Unwanted Advances by Laura Kipnis…Title IX is being used in circumstances that lack due process to ensure the fairness and safety of outcomes, resulting in what Kipnis likens to witch-hunts. Those accused are not informed of the charges against them; no lawyers are allowed; the adjudicating officer often bases his or her decisions on assumptions about male-female (or male-male, or female-female) relationships. The end result has often been catastrophic. Most alarmingly, lives are ruined based on what a hearing officer deems “preponderance of evidence,” the proper weight of which is determined with no set guidelines. Universities and their Title IX apparatus become a kind of helicopter parent, in the name of a version of feminism that Kipnis does not recognize. “This isn’t feminism, it’s a return to the most traditional conception of female sexuality,” she argues. “What dimwitted sort of feminism wants to shelter women from the richness of their own mistakes?”
jewishcurrents.org By Abidor
John Doe has sued Notre Dame in federal court alleging a Title IX violation and claiming the school deprived him of an education through the “discriminatory, gender-biased implementation” of its sexual harassment policy. Doe claims that he was wrongly dismissed from school just three weeks before graduation based on false accusations of harassment and “dating violence.” The university was so eager to prosecute Doe that it ignored video evidence of his ex-girlfriend admitting to using the Title IX procedures to “pursue a personal vendetta,” engage in witness tampering and destroy Doe’s reputation. According to the lawsuit, the university vigorously pursued Jane’s claims, but ignored Doe’s when he contacted school officials claiming she had been harassing him.
courthousenews.com By Chris Randolph CHRIS
If every other egregious example of a male student denied due process after being accused of sexual misconduct gets ignored – this one should not be. College administrators, as well as members of the media and legislators, would do well to remember the name Thomas Klocke. Klocke, a straight male, was accused by a gay male student of writing anti-gay slurs on his computer during a class. Klocke vehemently denied the accusation, and administrators who investigated the incident acknowledged there was no evidence to support the accuser’s claims, yet Klocke was still punished. The accused student’s father, a lawyer acting as the administrator of his son’s estate, is now suing the school for violating his son’s Title IX rights.
watchdog.org By Ashe Schow
Cornell is being sued by a male student who claims the University discriminated against him on the basis of sex while investigating him for sexual misconduct. The plaintiff, ‘James Doe’ -a senior in the College of Arts and Sciences – is suing in part to recover damages for emotional distress. The student says Cornell’s investigation caused him to attempt suicide. To demonstrate the extent of his emotional distress, Doe says he was diagnosed with severe anxiety and major depressive disorder after Cornell issued an interim suspension. His mental state worsened,and last spring, on the day Doe was notified of his second suspension, he tried to commit suicide…The heart of the suit is reverse discrimination, where Doe alleges the university gave Roe and her allies much more favorable treatment than him and his witnesses.
A high school romance gone bad is rocking Pace University – with the bitter former lovebirds turning the school into their own personal war zone. Freshman Ari Grossman filed a lawsuit in Manhattan federal court saying his ex-girlfriend and current classmate Kalya Torrey started their vicious feud by lying that he raped her in order to prevent him from attending Pace – his dream college. After Grossman refused to drop out the situation escalated. Torrey filed so many complaints against Grossman that the dean had to intervene and tell them to just cool it. The final straw for Grossman came when his ex accused him of stalking her in the food hall – and he ended up getting tossed in a cell for 12 hours with his legs and hands in shackles…The NYPD has since dropped the charges after video surveillance from that day failed to prove stalking. Still, Grossman is suing the school and Torrey for having him improperly arrested via campus security.
A male senior student at Cornell University has filed a Title IX lawsuit against the university, a Cornell Title IX investigator and Interim Judicial Administrator Jody Kunk-Czaplicki. The lawsuit states the university wrongfully suspended him and intentionally inflicted a flawed Title IX investigation process that denied him the right to a hearing and due process. Additionally, the lawsuit claims the university refused to investigate the male student’s own accusations of sexual misconduct and physical assault against a female student.
ithacajournal.com By Matt Steecker
A former Columbia University student, Paul Nungesser, who is suing his alma mater for failing to stop his accuser from publicly harassing him has lost in court a second time. “From the outset of this case, Judge Woods has been decidedly closed-minded to Paul Nungesser’s claims,” Miltenberg said. “Based upon that, we are not surprised with Judge Woods’ decision dismissing the second amended complaint. Still, we are exceptionally disappointed; Paul is a real victim, and the 100 page complaint is very detailed and clearly sets forth substantial claims including violations of Title IX, basic principles of equity and beyond.” Paul’s parents released their own statement regarding the decision: “We are disappointed but we are looking forward to bringing the case to the U.S. Court of Appeals for the Second Circuit. If Judge Woods’ decision stands, an acquittal at a university hearing is utterly pointless, since it would allow university sponsored defamation and public harassment of innocent students.”
Important Lawsuit Seeks to Hold College Accountable for its Unfair and Harmful Disciplinary Action Filed on April 4, 2017
When a college student is accused of misconduct, he or she is entitled to a fair investigation, and if a disciplinary hearing is warranted, a fair proceeding. When such a student is denied a fair review and hearing of serious misconduct allegations, the consequences may be life altering and devastating.
Far too often, college administrators who receive complaints of misconduct pre-judge guilt based on stereotypes that arise merely from the type of allegations that are made, regardless of the facts. Charged with an obligation to swiftly and harshly punish misconduct, they often decide the “case” without a real investigation, evidence or a hearing of any kind. And when they do so, they do so quickly, arbitrarily punishing the accused students on an interim and permanent basis. The range of punishments routinely doled out in such circumstances often includes expulsions or suspensions, and an obligation on the part of the accused student to report the fact that he or she suffered severe punishment for a disciplinary violation. When applying to graduate school or for employment a report of these disciplinary sanctions on the accused student’s record more often than not, destroys their candidacy for admission or the hiring they seek.
In many unfair disciplinary cases, the college officials in question circumvent established, mandatory disciplinary policies and procedures that are published by the college for the purpose of ensuring fairness. The only way this type of unfairness and the devastation it causes can be corrected, is through legal action. Legal action that holds accountable those colleges who punish students unfairly and unlawfully will serve as a reminder to all colleges that they must protect the rights of complaining students, and accused students, and ensure that fairness always prevails.
On April 4, 2017, Chaiken & Chaiken, P.C. , joined by Friedman, Suder & Cooke, P.C. filed a lawsuit against the University of Texas at Arlington (UTA), alleging that school officials unfairly mishandled a student’s misconduct complaint against another student, and ignored the rights of the accused student to a fair review and response to the allegations against him. The lawsuit charges that despite knowing the matter involved Title IX issues, the two UTA officials handling the complaint circumvented UTA’s mandatory Title IX investigation and hearing procedures. These mandatory procedures require a fair and impartial investigation by a Title IX investigator, and a hearing before a neutral hearing officer.
The lawsuit further charges that upon circumventing these mandatory procedures, the same two UTA officials severely punished the accused student on an immediate, interim basis, without conducting a proper investigation. Ultimately, a few days after the complaint was made, and again without a proper investigation, they chose to punish him on a permanent basis. Inexplicably, they did so despite acknowledging in emails to each other that there was no evidence to support the allegations against him, or the punishment they meted out, nevertheless. Tragically, the embarrassment, stress, mental anguish and damage to reputation suffered by the accused young man, and the fear that this unfair disciplinary sanction would prevent him from attending graduate school or finding a job, caused him to take his own life.
This important case serves to remind us that fairness in disciplinary proceedings on college campuses is not a given, even when the colleges’ policies and procedures say otherwise. Those who are accused of misconduct on campus find themselves in the midst of a true legal crisis with devastating potential consequences, if they do not navigate the intricacies of campus disciplinary procedures in a manner that invokes their rights to fairness. Only when students and their families understand this reality, and the need to take specific action to invoke the rights that are designed to protect fairness in campus misconduct cases, can tragic consequences be avoided.
This case report and complaint was sent to Alice from Attorney Kenneth Chaiken.
Thank you for bringing this terrible injustice of an innocent life now gone to my attention. For inquiries about this case contact: Kenneth Chaiken 214/722-9494
The facts revolve around a drunken hookup between two students and the woman’s subsequent efforts at covering up her willing participation by blaming the male student and accusing him of assault. Amherst’s administration was equally complicit, pronouncing the man guilty on flimsy and incomplete evidence, then refusing to reconsider once evidence that the woman had fabricated her story came to light. And the dark force driving the school to make an example of the student is Obama’s OCR… Although several elements of Doe’s complaint did not survive Amherst’s motion to dismiss, that’s irrelevant. What matters is that his central claims did and now the school can either settle or face trial.
www.jamesgmartin.center By George Leef