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
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
A Yale male became a Title IX ‘person of interest’ after writing a class essay in which he condemned rape. According to his complaint a university panel found in 2014 that ‘John Doe’ had engaged in sexual intercourse with a woman without her consent. Doe alleges that the woman expressly consented and on that evening she harassed him. He adds that Yale’s disciplinary procedures were stacked against him and administered by biased officials who presumed his guilt. Doe insists that Title IX must protect men as well as women. In punishing him for sexual assault on the basis of allegations that were either unfounded or refuted by facts to which both sides of the dispute agreed, the lawsuit argues, Yale discriminated against him on the basis of his sex in violation of Title IX.
More than 150 lawsuits brought by students accused of sexual misconduct who allege they were denied basic fairness in campus proceedings have been filed since 2011. Two recent rulings illustrate how malleable and susceptible to varying interpretations the law in this area is, leading to a mixed bag of results for plaintiffs. Some judges are deeply reluctant to interfere in universities’ internal disciplinary systems and will defer to universities even when the circumstances would likely strike most people as outrageous. Other judges are more willing to allow accused students’ lawsuits to move forward, at least beyond the initial pleadings and into the discovery phase. Today, we will look at one of each of those cases.
www.thefire.org Samantha Harris
A former University of Maryland student opposed a motion from campus administrators to dismiss his complaint in a federal lawsuit seeking $5 million. The ex-student and plaintiff, John Doe claimed in his Sept. 30 complaint that he was wrongfully expelled. Doe alleged he was not given due process or advised of his rights during this university’s sexual misconduct investigation and was not given proper notice of investigation procedures. University officials also “filtered through the police report” and didn’t let Doe tell his side of the story while ignoring certain details of the incident. Doe seeks reinstatement to this university and for all files related to the investigation to be removed from his record. At the time of his expulsion, he was three credits shy of graduation.
dbknews.com By Jessica Campisi
On Friday Manhattan federal judge Gregory Woods said Nungesser could not prove he was harassed based on his gender and tossed the lawsuit “with prejudice” To win, Nungesser would have had to prove that Columbia knew he was being harassed based on his gender. But Nungesser himself argued in his lawsuit that “Sulkowicz’s conduct was motivated by her anger at his rejection of her as well as her anger at his having been found ‘not responsible’” for the rape. Nungesser’s lawyer said his client intends to keep fighting. “We think we have a good appeal. We’re going to have to go to to the Second Circuit (Court of Appeals) and get it done right.”
nypost.com By Kaja Whitehouse
Fifty years ago a white woman accused 14 year old black Emmett Till of sexual assault. It turns out her accusation was false, Throughout America, college campuses are reliving the Jim Crow South where black men stereotyped as rapists were lynched by the Ku Klux Klan. Today at colleges when a white female accuses a black male of assaulting her, Title IX teaches (religiously) that she is to be believed. This brazen and radical feminist stance of ‘believe’ is leading to hundreds of innocent males being Title9 falsely accused, expelled and denied a college education for life. Many of the accused males are black without resources to defend their innocence. Below are true stories of alleged campus sexual assaults involving white girls who Title9 accuse blacks. ALL BLACKS WERE Denied a FAIR HEARING, Denied DUE PROCESS, and denied the PRESUMPTION OF INNOCENCE.
Sacred Heart University: White Female and 2 Black Males have consenting sex, She cries rape. 2 BLACKS EXPELLED White Female is charged w making a false allegation. 2 Black Males never get their college education or scholarship back.
Florida State University: White Female and Black Male athlete have consenting sex. Female accuses. Black Male is found innocent three times. White Female shifts story, contradicts evidence. White Female seeks celebrity and $$ while BLACK MALE IS SLANDERED.
False accusations exist. Due Process is essential for justice. Alice
More than a dozen new lawsuits have been filed against universities by students who allege they were discriminated against and denied due process in campus sexual misconduct proceedings, and even more complaints are in the works. There have also been a number of new rulings in the many ongoing accused-student lawsuits. Today, I’ll talk about two of this month’s decisions in which federal judges denied accused students’ requests for preliminary injunctions in their cases.
www.thefire.org By Samantha Harris
For 23 years Tom Rossley was a member of the Drake Board of Trustees. Rossley is now suing Drake after his fellow trustees voted to remove him because of his defense of his son. Rossley’s son, who is identified only as John Doe in court documents, and who appears to be a victim of sexual assault, is also suing Drake for gender discrimination in a separate lawsuit filed late last year. What follows is a campus sexual assault investigation unlike any other, which has so many elements from other outrageous campus kangaroo-court fiascos it could have been written for an episode of Law & Order: Special Victims Unit. Sadly, for Rossley and his son, this nightmare was not written by Hollywood; it is their current reality.
watchdog By Ashe Schow
There are fundamental deprivations of justice, and then there’s what happened to a male student at Drake University. The student, “John Doe,” was expelled for sexual misconduct-ostensibly because he engaged in nonconsensual sex with a female student, “Jane Doe.” In truth, John was punished for failing to realize quickly enough that he was actually the victim in the encounter. Drake officials still refuse to fix their mistakes.
reason.com By Robby Soave
An amended complaint filed in February against Yale et al, portrays a grim reality. Yale’s disciplinary procedures sanction abuse of power in the adjudication of charges of sexual misconduct. The conventional wisdom is that while public universities, as government actors, must comply with constitutional requirements, private universities operate under no such constraints. This is broadly correct. But under “state action” doctrine …“If government requires or induces a private party to engage in law enforcement, all relevant constitutional restraints apply.” This, Doe contends, is exactly what the Obama administration DoED did in April 2011 when it instructed universities, on pain of losing federal funding, to investigate, adjudicate, and punish all allegations of sexual assault. That is, although the government also demanded that universities shrink due process protections for the accused, by deputizing them to engage in law enforcement in addressing allegations of sexual misconduct, the administration in effect imposed on them an obligation to comply with constitutional guarantees of due process and equal protection. This lawsuit is very likely the first to test Rubenfield’s (Yale Law Prof. and Doe’s adviser) legal theory of “Privatization, State Action, and Title IX: Do Campus Sexual Assault Hearings Violate Due Process?”
realclearpolitics By Peter Berkowitz