A second football player caught up in a Title IX investigation at Liberty University has sued the school, university spokesman Len Stevens, and the accuser who brought sexual assault allegations against him. Avery James, a former Flames defensive back, filed suit alleging violation of his Title IX rights by Liberty, two counts of defamation by LU, two counts of defamation against Stevens, and two counts of defamation against the former LU student athlete who accused him and two other football players of sexual assault related to an incident dating back to August 2015. James is seeking a total of $100.2 million in damages from the three defendants.
newsadvance.com By Josh Moody
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
St. Scholastica is facing legal trouble for its alleged response to a sexual assault. John Doe the accused, filed a federal lawsuit claiming the school’s policies state that investigations of sexual misconduct are to be conducted by trained investigators. But Doe alleged those who investigated are experts in educational decisions, not allegations such as this. According to Doe, the woman threatened to press charges if he continued to fight for his rights. Doe claimed he reported this retaliation to the school, and that the school ignored him.
Put on suicide watch, tried and convicted in absentia…A Texas A&M University cadet says he was suspended following sexual misconduct charges he never got to see – because he was hospitalized. A federal lawsuit claims “John Doe” was unable to “meaningfully defend himself” when Title IX investigators refused to reschedule a conduct meeting that would have revealed the specific accusations of his partner, with whom he had an open sexual relationship.“ At all times John Doe was deemed guilty” says the suit. “This extreme and severe sanction was not warranted in light of the lack of evidence.” When John was permitted access to a computer from in-patient treatment, he learned he had been found responsible on all charges: sexual contact, sexual abuse, dating violence and “Conduct Unbecoming a Cadet.”
thecollegefix.com By Kayla Schierbecker
A U.S. district court judge has ruled former Liberty University football player Cameron Jackson can move forward with seven of the 18 claims in his lawsuit filed against the school and other defendants. The lawsuit seeks approximately $100 million in compensation for damages to Jackson’s academic and athletic career, as well as to his reputation. The lawsuit casts doubts on the accuser’s charges and alleges she acted maliciously, the response of Liberty and its employees was inept and that staff did not protect Jackson from on-campus harassment aimed at him by other LU students, which caused Jackson to stop attending classes.
newsadvance.com By Josh Moody
Attorneys for former USC kicker Matt Boermeester have filed a petition in Los Angeles County Superior Court seeking to have his expulsion from the school overturned. Boermeester, who kicked the winning field goal in the Rose Bowl in January, was removed from the football team later that month after an alleged incident with his girlfriend, Zoe Katz, outside her home. The kicker was expelled in July after an investigation by USC’s Title IX office. Matt’s girlfriend, Zoe Katz called USC’s Title IX investigation “horrible and unjust.” She was adamant that she has “never been abused, assaulted or otherwise mistreated by Matt.”
A former member of the Texas A&M University Corps of Cadets filed a federal Title IX lawsuit against the university, alleging A&M officials violated his due-process rights by showing a male gender bias. The suit claims that John Doe was wrongfully accused of sexual misconduct by a female member of the Corps of Cadets and that the Title IX investigative process took place while Doe was hospitalized for treatment of depression without giving him an adequate chance to defend himself.
wacotrib.com By T. Witherspoon
Over the past six years, students who believe they were falsely accused of sexual assault have sued colleges. On average, United Educators and colleges ended up paying $187,000 per case. In 40 percent of the cases, institutions were out more than $200,000. In nearly 60 percent of the accused-student cases reviewed, at least one of the students involved had consumed alcohol.
chronicle.com By Sarah Brown
He got her verbal consent “more than four hours” after her last drink. He convinced an investigator she was mentally able to consent. University of Texas-Austin President Greg Fenves thought otherwise, and unilaterally suspended him for five semesters as a rapist. These are the allegations in a troubling federal lawsuit by student “John Doe” against Fenves personally for ignoring explicit UT-Austin policy on consent and devising his own standard – perhaps at the behest of a major donor.
University of Cincinnati is desperate to claim the nation’s most unfair campus sexual assault process. In this case, two students met on the Tinder app. The female later claimed the sex wasn’t consensual; the male said it was. At the hearing, neither the accuser nor the Title IX investigator, bothered to appear, denying indirect cross-examination. Panel Chair:’ OK, so the complainant is not here…Respondent, do you have any questions of the Title IX report?’ Accused Student: ‘Well, since she’s not here, I can’t really ask anything of the report.’ The student was found guilty and then sued. UC maintained that its denial of any cross-examination didn’t violate the student’s due process rights.The accused’s attorney Josh Engel faced no skeptical questions from the sixth circuit appeal panel, and made important points about why due process matters.
6th Circuit Summary w Audio Excerpts By KC Johnson
Two male students accused of sexual misconduct say the University of Texas at Austin and Texas A&M University botched their cases, the latest in a growing backlash against federal requirements that critics say improperly favor campus assault and harassment complainants over the alleged perpetrators.
houstonchronicle.com By Lindsay Ellis