A lawsuit against Williams was delayed until the accused student exhausted his appeals at the college.The result is an amended complaint which raises four new areas of concern with how Williams handled this case: (1) Credibility issues don’t matter, at least when the accuser’s credibility is in question. (2) Playing fast and loose with sexual assault definitions. (3) Limiting information. (4) Reports from a Williams whistleblower don’t inspire confidence.
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
One of the strongest critics of the disciplinary process in the sexual misconduct case involving soccer player Ciaran McKenna has been Duke law professor James Coleman, Jr. Throughout the process, Coleman has made statements arguing that McKenna has been mistreated by the University’s disciplinary process. “I seriously doubt that the Office of Civil Rights, which I once advised as Deputy General Counsel of the Department of Education, would agree with the process that is being contemplated,” he wrote. “I hope the University will step in to avert this unfairness.” (The University did not step in to stop the unjust treatment of McKenna.)
dukechronicle.com By Gautam Hathi
Something is gravely amiss at Drake University in Iowa. According to a recent lawsuit filed against Drake University AND Drake’s Board of Trustees, Plaintiff Tom Rossley (A Drake Board of Trustee Member) claims that Drake selectively chooses which staff and students are deserving of fair and ethical treatment. And in doing so, Drake openly discriminates against their students. According to the lawsuit, Drake’s Board of Trustees engage in vicious attacks against those who speak out for the rights of Drake’s students. Tom Rossley (Plaintiff) was one who dared to speak out for the rights of Drake’s students, most notably for his disabled son.
Here are a few points detailed in his lawsuit below:
Mr. Rossley’s disabled son accused a female of sexual assault at Drake University. This female accused his son of sexual assault. Drake refused to investigate his son’s complaint under Title IX but investigated the female’s complaint. Drake knew this male had a life long language-based disability, ADHD, and anxiety, which had been accommodated in the classroom. But during the nine hour hearing Drake forced Rossley’s disabled son to be his own advocate and lawyer, while denying disability accommodations. During the hearing, the female ‘accuser’ admitted she sexually assaulted the disabled male without his consent. Incredibly after her confession Drake refused to investigate her, and instead found the male guilty of sexual assault and expelled him. He was a senior, and shy of one month from graduating and obtaining his diploma.
Out of concern for student’s rights at Drake University, Tom Rossley (A Drake Board of Trustee himself for 23 years) had informed the Board about Drake’s potential violations of federal law, especially with regard to his disabled son. Board Chair, Zimpleman and Board of Affairs Chair David Miles intimidated and verbally attacked Mr. Rossley, trying to silence him, and told him to step down as Trustee. Upon Mr Rossley’s refusal to step down, they led the charge to remove him as a trustee in July 2016.
The student, identified as John Doe, alleges that he attempted to present evidence that made it clear his accuser was only angry because they were no longer speaking and wanted him expelled out of spite. He says this evidence and witness testimony was ignored by Allegheny. John also claims information was withheld from him during the investigation, and that investigators attempted to “coerce a statement from him in response to allegations that had not been fully disclosed to him.”
watchdog.org By Ashe Schow
As per this Title IX lawsuit: A female college student walked into John Doe’s dorm room, jumped in his bed and came on to him. He was drunk. Both consented to mutual kissing and more. In the middle of [alleged] oral sex she asked him to stop. He did. He stopped. She cried assault. She actually believes she was assaulted, even though she initiated their contact, and he stopped when she asked. After a biased kangaroo court T9 hearing he was kicked out of Miami University for sexual assault. Currently John Doe continues to receive treatment for psychological and emotional trauma related to this false accusation.
A Texas Tech athlete, is asking a Lubbock court to reverse a decision by a Title IX hearing panel that found him responsible for violating the school’s code of conduct by having sex. He is suing Tech and university President Lawrence Schovanec, claiming his rights to due process were violated, and he is alleging there were “procedural and substantive errors that significantly impacted the outcome” of a Title IX hearing.
amarillo.com By Sarah Rafique
A former Allegheny College student has filed a federal civil rights lawsuit against the school, claiming he was unfairly expelled after a sexual assault allegation was levied against him in 2014. “The college has punished ‘John Doe’ with its most severe sanction -expulsion and a permanent record of the alleged violation -with no credible evidence and as a result of a process that contains virtually no procedural safeguards for accused students and is permeated with gender bias,” the suit states.
goerie.com By Madeleine O’Neill
John Doe claims Denison violated Title IX by creating a gender biased, hostile environment against males, based in part on Denison’s pattern and practice of disciplining male students who accept physical contact initiated by female students…”Upon arriving in John Doe’s room, Jane Doe voluntarily started to undress herself and initiated sexual activity with John Doe. After Jane had an orgasm, Jane stated she would rather have sexual intercourse and asked John to get a condom.” Based on the information detailed in this Complaint [see below] (and) upon information and belief, Defendants’ unlawful discipline of John Doe occurred in part because of Defendants’archaic assumptions that female students do not sexually assault their fellow male students.
Remember John Doe who was expelled for sexual misconduct, even though his accuser performed a sex act on him while he was blacked out? Recently, Seattle District Judge James Robart, blocked Doe’s attempt to subpoena his accuser’s text messages on grounds that re-litigating the matter “would impose emotional and psychological trauma” on her. According to Judge Robart, John Doe who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, ‘Sandra Jones,’ was the actual violator of the college’s sexual misconduct policies, does not deserve the opportunity to make his case because someone else’s feelings are more important. Judge Robart argued that since Doe isn’t suing Jones directly, he has no right to involve her in his case against Amherst. The Moral: SUE YOUR ACCUSER
reason.com By Robby Soave
About one new due process lawsuit per week was filed last year against a college by a student who had been found guilty of sexual assault by a campus tribunal, despite what the lawsuits claim is strong evidence of innocence. The strongest federal appellate win for an accused student was issued unanimously by an all-Democratic-appointed panel. And the biggest appellate loss for an accused came a few months later, from a unanimous panel that included two George W. Bush appointees. Those two decisions are bookends for the diverse approaches that different judges have taken to the civil liberties of accused students, mostly males, whose fates are decided by campus authorities.
washingtonpost.com By Johnson and Taylor