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
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
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
Colleges and universities have adjudicated countless allegations of sexual assault among their students despite their lack of both the tools available to law enforcement to ensure a thorough investigation and the ability to conduct a trial in a fair and orderly manner. Unfair proceedings that lead to unreliable outcomes benefit no one… Over the past five years, however, a particularly dire situation has emerged for the increasing number of students who find themselves accused of sexual misconduct on campus… Many recent court decisions and ongoing legislative efforts are pushing the pendulum back in the other direction toward fairer processes on campus, but there is still a long way to go.
heritage.org By Samantha Harris
University of California Regents have appealed a Superior Court judge’s ruling that found UC San Diego was unfair to a student who had been suspended after being accused of sexual misconduct.
sandiegouniontribune By Gary Warth
In the last half-year, federal district courts around the country have issued decisions in cases against universities filed by students disciplined for sexual assault…The details of these cases are presented below
title-ix.blogspot.com By Erin Buzuvis
Amherst plays down damning text messages by rape accuser, responding to ‘blacked out’ student’s suit
Amherst’s defense is largely that its investigative and adjudicative processes worked, and that Doe’s attempt to introduce new evidence – damning text messages by Jones – fell outside of his seven-day appeal period.
thecollegefix.com By Matt Lamb
“We are just as innocent today as we were back then”…North Carolina’s attorney general declared three former Duke University lacrosse players accused of sexually assaulting a stripper innocent of all charges…”The Duke lacrosse case has shown that our society has lost sight of the most fundamental principle of our legal system: the presumption of innocence.”
A federal judge ruled .. when a college promotes the idea that a woman’s post-intercourse regret is tantamount to rape, it manufactures a climate of gender discrimination against male students that can “railroad” (the court’s word, not mine) the innocent who are wrongly accused of sex offenses.
…in recent cases, while failing to persuade a court of gender bias, have succeeded on claims of breach of contract, negligence, or by demonstrating that the school acted arbitrarily and capriciously in administering its policies.
www.bostonlawyerblog.com By Naomi Shatz