A Syrian national who was suspended from Penn State…for campus sexual-assault allegations can now return to class, a federal judge has ruled, nullifying the risk of his deportation. The ruling comes in the student’s lawsuit against Penn State, in which he alleged the investigation violated his due process rights. U.S. District Judge Matthew Brann of the Middle District of Pennsylvania said in his order that if the student’s academic career were interrupted, he would be sent back to Syria “where he will face the potential for serious bodily harm and related injuries.”
thelegalintelligencer.com By P.J. D’Annunzio
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
Seven Ohio colleges and universities have faced recent lawsuits from suspended or expelled students claiming the school unfairly pursued sexual misconduct claims against them.
mydaytondailynews.com By Josh Sweigart
John Doe accuses Jane Doe of knowingly making false statements to campus police that severely damaged his educational and career prospects. He alleges that Jane became furious at him when he didn’t speak to her at a party…He alleges that the Student Conduct Board, found him responsible for misconduct and suspended him for 2-1/2 years after an unfair hearing in which board members failed to challenge or question her account and refused to let him present certain evidence and testimony. Brown erroneously put the burden on him to prove his innocence, it says. “The hearing was a mere formality to conclude John Doe’s predetermined guilt.”
providencejournal.com By Katie Mulvaney
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
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