The student, known only in his court case as John Doe, had not been “convicted” of anything, but rather held “responsible” for sexual misconduct by a university tribunal, a finding that the judge vacated last week while blasting the email campaign…”having read a few of the emails, it is abundantly clear that the writers, while passionate, were woefully ignorant about the issues before the Court.” The court found other flaws in the process as well, including the university’s failure to allow the man to introduce evidence that he believed was exculpatory.
washingtonpost.com By Fred Barbash
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
The complaints continue to roll in. Five new federal lawsuits have been filed alleging unfair treatment in campus sexual misconduct proceedings. In one important ruling, an Ohio federal judge allowed several of an Ohio State University (OSU) student’s due process claims to survive a motion to dismiss, even holding that several OSU administrators might not be entitled to qualified immunity on those claims.
thefire.org By Samantha Harris
Serial accuser, Angela Cameron is being sued. Katharine Westaway a women/gender studies professor is being sued…Falsely accused student, David Jia sued the University of Miami, two officials and his accuser for “negligence, Title IX violations, intentional infliction of emotional distress, defamation, and other claims.” Jia is seeking justice against the university that railroaded him. Two things stand out about Jia’s suit-Police determined that serial accuser Angela Cameron blatantly lied, and professor Katharine Westaway, was moonlighting as an unofficial “rape counselor” while she harassed David Jia.
A boy and a girl at Univ. of Michigan were drinking. They danced and had sex. He says the sex was consensual. She had morning after regret and Title IX’d him. The male was expelled. Attorney Deborah Gordon, who is representing the male student, posed a question a jury will ultimately have to answer: If the female student had been voluntarily drinking, are there legal grounds for a suit against the male student? And if there is grounds for a suit, how much is the female student responsible for what happened.
www.abc10.com By David Jesse
Farrer didn’t want to have sex with her. He had been taught in his ROTC program that “drunk people aren’t supposed to sleep together,” and while he didn’t think either was drunk, he wanted to play it safe. Zerfoss, “seemed fully cognizant,” she wasn’t slurring her words or fumbling, and she was insistent that they have sex. “She kept calling my name,” grabbing his hands and putting them on her body. When Farrer tried to spurn her advances by making small talk she rejected. “Eventually, I gave in.” The following week, Farrer was told that a female student had filed a sexual-assault allegation against him with the Title IX office. In spite of a police investigation that found “inconclusive evidence” and numerous inconsistencies in his accuser’s story, Farrer was still ruled responsible for sexual assault and expelled by Indiana University-Bloomington. “If you’re a male and you’re accused, you’re guilty until proven innocent,” Farrer said.
thecollegefix By Toni Airaksinen
A male Notre Dame student has filed a lawsuit in federal court. The plaintiff John Doe alleges school officials would not allow to be considered a recording of the accuser saying: “I want to f*** up [John’s] reputation; I want to make sure he never has a girlfriend…here or anywhere…and I want him never to be able to have a social life.” Doe’s lawsuit argues that officials at the Catholic university led an investigation rife with “procedural flaws, lack of due process, and inherent gender bias, designed to ensure that male students accused of any type of sexual misconduct or harassment are found responsible.”
thecollegefix.com By Kate Hardiman
[This is the damage that a regretful girl can do to an innocent male]
Jane Roe told compliance resource officers she consumed a significant amount of alcohol earlier in the evening, and claimed she was therefore unable to consent to the sexual activity that later occurred with Doe…According to a petition filed in the Alameda County Superior Court, “Petitioner John Doe was improperly disciplined stemming from a Title IX sexual misconduct disciplinary process that is unfair, lacks due process, does not comply with the law or university policy, and where the charges are not supported by the evidence.” John Doe was punished with a “three-year suspension and exclusion from campus until May 15, 2020, required completion of a sexual misconduct educational program, a no-contact directive as to Ms. Roe, a status of disciplinary probation for the remainder of his studies, and indefinite exclusion from university housing.” The petition names outgoing campus Chancellor Nicholas Dirks and the Regents of the University of California among the lawsuit’s respondents and requests as relief a writ of mandate to set aside the findings and sanctions against Doe.
dailycal.org By Bobby Lee
Jason Schaumleffel, a member of the Tri-Valley Local School Board, has filed a lawsuit. Schaumleffel had been asked to resign from the school board after the district received an anonymous letter in March, alleging he was involved in sexual misconduct while a student at Muskingum University. The complaint filed by Schaumleffel’s attorney, Eric Rosenberg, claims two women made false allegations against Schaumleffel after he engaged in consensual sexual activity. The lawsuit claims Muskingum University conducted a bias investigation into the allegations and, as a result, Muskingum University improperly and unlawfully expelled Schaumleffel, despite knowing he was falsely accused…the university ignored evidence proving his innocence, including a polygraph test and text and social media messages between Schaumleffel and the two women. Because of the allegations, the complaint states Schaumleffel has been suffering from depression, panic attacks, difficulty sleeping and interacting socially.
zanesvilletimesrecorder.com By Hayden Kull
A Bellarmine University student claims he was kicked out of a study abroad program, booted from a Paris hotel on New Year’s Day, and left to fend for himself after being falsely accused of sexual assault. Doe says he and several other students went out to dinner in Germany on New Year’s Eve, and then watched fireworks. During the fireworks displays, he says he “had his arms around SG and SD. There was a large crowd and at one point his hand slipped and briefly touched SD on the butt and later on her breast. He apologized but SD was upset and left with RB.” Doe’s attorney Joshua Engel said that “without any hearing or semblance of process, he was kicked off the trip and thrown out his hotel. The student’s parents then had to arrange for a hotel room and transportation back to the United States.”
courthousenews.com By K. Koeninger
A federal judge has denied a motion filed by former Yale basketball captain Jack Montague, that would have allowed him to return to his studies. Montague was more than halfway through his senior year and leading Yale’s basketball team in its most successful season in decades when he was expelled in Feb. 2016. His lawyer, Max Stern, said Montague was expelled because of Yale’s finding that he had “unconsented-to sex” in fall 2014. Stern said that Montague’s expulsion was “wrong, unfairly determined, arbitrary, and excessive by any rational measure.”…In a decision filed March 8, U.S. District Judge Covello said that Montague failed to show that the harm to him would be “irreparable” if he was not granted a preliminary injunction.
courant.com By Kathleen Megan