In a September 22, 2015 hearing, Yolo County Superior Court Judge Timothy L. Fall granted a motion to stay the interim suspension imposed on a UC DAVIS student accused of sexual misconduct.
In issuing his ruling Judge Fall stated that “due process has completely been obliterated by the University’s failure to get this case adjudicated. Complete failure to do it.” Judge Fall also faulted UC DAVIS’s handling of the case for its impact on the alleged victim, stating, “… if anyone has failed the alleged victim in this case [it] is the University.”
For a pdf of the Judge’s ruling click here: UC Davis Faulted in TitleIX case
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
In a rarity for campus sexual assault accusations, a Brown University student who says he was falsely accused is suing his accuser as well as his former university…This is another instance of a student saying he obtained affirmative consent yet still being accused. The difference here is that the accuser is claiming her “yes” didn’t actually mean “yes.”
washingtonexaminer.com By Ashe Schow
Two male students who were suspended from Salisbury University in Maryland can continue to litigate their claim that the university’s flawed disciplinary process was the product of gender bias.
“Occidental violated John Doe’s rights and/or Title IX (protections) in part because Occidental knew or should have know their actions would have an adverse impact on male students alleged to have engaged in sexual misconduct with a female student and were deliberately indifferent to this impact,”.. The complaint states that colleges and universities have been under pressure from the federal Department of Education’s Office of Civil Rights to address sexual violence on campus or face the withholding of federal education money.
A Northwestern University student has filed a Title IX lawsuit against the administration for responding with “deliberate indifference” to the student’s accusation…The student is male, and some wonder whether his gender was a factor in Northwestern’s treatment of him.
reason By Robby Soave
A University of Cincinnati football player accused of sexual assault is suing the university and two administrators, saying the disciplinary process that led to his suspension is unconstitutional and unfair.
cincinnati.com By Kevin Grasha
The University of Michigan will throw out its finding that a student engaged in nonconsensual sex with a female friend in his dorm room as part of a lawsuit settlement.
www.freep.com By David Jesse
The judge ruled the plaintiff had established “a plausible claim that [he] was innocent of the charges levied against him and that CWRU wrongly found that [he] committed the offense.” However, he had not—as is required to establish a Title IX sex discrimination claim—“made factual allegations that create a plausible claim that the motivating factor behind the erroneous finding was CWRU’s sexual bias.”
thefire.org By Samantha Harris