John Doe says the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. Doe says he and ‘Mary Smith’ both consented to sex, and claims that Mary was pressured into reporting their consent sex as assault by her boyfriend. Mary’s boyfriend then acted as her advisor duing the sex assault hearing. Doe’s suit further alleges that Johnson and Wales University conducted a “fundamentally flawed” investigation and denied him “the most basic elements of fairness promised to him” in the school’s student handbook. The suit seeks a reversal of the university’s findings and sanction and calls for other measures that would allow him to continue his education at the school. Read the court filed JWU complaint.
College kids who are Title IX falsely accused (mostly males) and are fighting back by suing their college for denying due process, breach of contract, discrimination etc. Some wins, some losses.
This afternoon, campus due process returned to the 6th Circuit. The facts of the case which originated from Denison University were unusually strong for the accused student. Denison’s lawyer, Natalie McLaughlin, got off to a difficult start and never really recovered. The heart of the oral argument revolved around an off-the-record statement by university housing official Kristan Hausman, that her fellow panelists needed to weigh the “future of 1000 girls” as they adjudicated the case. Judge Thapar pressed McLaughlin on how that statement couldn’t indicate bias…”It’s your comment, if you don’t find him responsible, you’re still putting people at risk.- How can that be?” Judge Thapar was incredulous. Audio excerpts are at the link below.
academicwonderland.com By KC Johnson
In 2016 Yale University expelled Jack Montague for nonconsensual sex with a female student shortly before he was to graduate, despite the agreed-upon fact that she returned to sleep with him hours after he allegedly assaulted her. Montague was never criminally charged, and is pressing forward with his lawsuit against Yale; despite a federal judge refusing to order Yale to follow its own sexual-assault adjudication rules. Montague argues in his lawsuit that his academic and employment prospect have been drastically limited by his expulsion. During a March deposition he testified that he has been unable to apply to other schools because Yale won’t release his transcripts until he pays a $3,000 tuition debt. “That represents the last semester that I didn’t finish,” Jack testified. “So, as soon as I was expelled, they sent me a bill for $3,000.” According to the Yale Daily News, the trial is expected to start in February.
The last two times a due process case came before the 6th Circuit, it was clear by the end of oral argument which side would prevail. But in November’s hearing for Doe v. Miami, the oral argument left the final outcome uncertain. This case appeared teed up to determine whether the 6th Circuit would adopt the 2nd Circuit’s important standard in the Columbia decision, which makes it harder for judges to dismiss Title IX complaints by accused students. But the judges scarcely engaged with that issue, focusing more attention on procedural due process, questions of selective enforcement under Title IX, and the factual specifics of the case…In perhaps the most intriguing section of the hearing, Judge Moore noted how the severity of a sexual assault guilty finding might justify more rigorous procedures under the Constitution. Court room audio excerpts are at the link below.
academicwonderland.com By KC Johnson
Freshman Karthik Saravanan had a dysfunctional romance with a white freshman female at Drexel. Saravanan who is South Asian of the Indian race, claims he was sexually assaulted, stalked and harassed by his ex-girlfriend. His ex “threatened to tell their social group that he was mentally disabled or a homosexual” if he reported her assault. Saravanan reported her assault. Drexel called his rape complaint “ludicrous,” remarking “I have never heard of a female raping a male” and asked him, “why was your penis erect?- doesn’t that mean you enjoyed it?” Saravanan claims that Drexel exhibited a pro-female bias throughout his case. Saravanan was expelled while his ex-girlfriend was retroactively given probation. U.S. District Judge Mark Kearney noted in his opinion the need for balanced judgment when investigating campus sexual assault claims. Judge Kearney held that Saravanan did not adequately show he faced discrimination based on race. The case was ultimately pared down to a single Title IX claim of erroneous outcome of the disciplinary process, alleging that Drexel’s decision to expel him was motivated by gender bias, and a breach of contract claim.
law.com By P.J. Dannunzio
John Doe’s lawsuit says the accuser claims she was groped at an off campus party, and identified her groper by nickname only. The University of Vermont searched for a picture of John Doe on Facebook and showed it to the accuser. She said the person in the picture was the student who groped her. John Doe told the investigator that he was at the off campus party with his girlfriend and that he had never met or danced with the female student/accuser, stating that he would not touch a woman without her consent. According to John Doe’s lawsuit, “Jane Doe’s false accusations against John Doe were accepted as fact and upheld by Defendants using a Kafkaesque process that denied John Doe due process of law in violation of due process.”
A Worcester County resident expelled this year from Johnson & Wales University following allegations of sexual assault is suing the school, claiming that he was falsely found responsible by an unfair disciplinary process…In the lawsuit, John Doe claims that the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. The sexual encounters were consensual, he claims, alleging that ‘Mary Smith’ was pressured into reporting them as a sexual assault by her boyfriend — who also served as her advisor during the hearing.
masslive.com By Dan Glaun
A lawsuit facing the University and UT President Gregory Fenves argues that Fenves circumvented due process in suspending a male student accused of rape in a Title IX case. This case is one of many in recent years that addresses due process and Title IX sexual assault cases. In this case, the University hearing did not find enough evidence to punish the male student. However, when the case was appealed, Fenves determined the female student was incapacitated and therefore unable to give consent.
dailytexanonline.com By Will Clark
Tulane University ignored the results of a polygraph test that cleared a student, gave no reasoning when it found him responsible for sexual misconduct and arbitrarily hiked his punishment, according to a new due-process lawsuit against the private New Orleans school.
thecollegefix.com By Jeremiah Poff
A jealous boyfriend convinced four female students to falsely accuse a graduating male of sexual misconduct years after the alleged behavior. According to the former student’s lawsuit “John Doe” accuses Hamilton College of changing its sexual-misconduct investigative procedures so drastically – that it effectively denied him due process and discriminated against him based on his gender. Doe’s complaint alleges Hamilton ignored his text-message evidence that the accusations were a setup. Doe was heavily sanctioned by the college 12 days before he was supposed to graduate.
thecollegefix.com By Jeremiah Poff