The man, denies any wrongdoing and instead claims the woman who filed the lawsuit is trying to slander him and harm him by making false claims…The man also says in court paperwork that the woman first told police she did not remember what happened at the party in April, but later said she was raped.
tennessean.com By Stacey Barchenger
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
Doe filed suit in April after being suspended from Brown based on sexual misconduct allegations…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…“The hearing was a mere formality to conclude John Doe’s predetermined guilt.”…Doe is also suing his accuser, Jane Doe, of California, alleging she defamed and slandered him by filing a false sexual-misconduct report that led to his suspension from an “elite” liberal-arts university.
providencejournal.com By Katie Mulvaney
Institutions are under intense pressure from the Obama administration and activists to crack down on sexual assault and to remove alleged offenders from campus, but the stakes are now also high if they respond to that pressure by cutting corners…Students suspended or expelled over allegations of sexual assault rarely succeed in lawsuits against the institutions that punished them. That’s starting to change.
insidehighered.com By Jake New
Dismissed basketball player Brandon Austin files $7.5 million lawsuit against University of Oregon, others
Former Oregon Ducks men’s basketball player Brandon Austin is seeking $7.5 million in damages in a lawsuit against the University of Oregon, former president Michael R. Gottfredson and three others…In the suit, Austin claims personal and professional harm, emotional distress, a lesser chance of playing in the NBA, and loss of future income following his dismissal from the university in June 2014 following a sexual assault allegation … Charges were never filed against Austin.
oregonlive.com By Tyson Alger
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
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.