As you’ll see from this list of stories, the male students who have the resources to challenge the illegal bullying of their constitutional rights do so by filing a due process lawsuit. Lawsuits like the ones facing Washington and Lee, Occidental, Columbia, Vassar, Cornell, Xavier, DePauw, Yale, Wesleyan, Swarthmore and Brown. The facts, by this point, are depressingly familiar.
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
A Rollins College lacrosse player who was suspended over allegations of sexual assault has sued the school claiming that the investigative process was so “anti-male” that he never had a chance to prove his innocence. The student claims a female classmate sexually assaulted him, but she claims it was him who assaulted her. Both made reports to Rollins College but Doe claims the school ignored his report and fully prosecuted hers. Doe’s lawsuit addresses Rollins’ unlawful and/or gender-biased treatment of innocent male students like John Doe via sexual misconduct proceedings that afford females unconstitutional preferential treatment.”
A recent study demonstrates that 99% of college students accused of sexual assault are males. Recently, attorney Eric Rosenberg filed a lawsuit on behalf of a male student attending Indiana University. This is the same University that employed Jason Casares, the Title IX coordinator who was forced to resign when he was accused after a drunken hookup .
According to Aaron Farrer v Indiana University Complaint Mr. Farrer did not sexually assault Marion Zerfoss. Zerfoss admits flirting with Farrer and inviting him into her bedroom, Zerfoss admits asking Farrer to retrieve her vibrator, and admits asking Farrer to “fuck her.” Celebrity seeking mattress girl wanna be Marion Zerfoss admits telling Farrer that “it was okay” to have sex despite his hesitations, and admits that she consented to sex, but that Farrer should have resisted the seduction because she had consumed alcohol that evening.
In 2014 John Doe was expelled from Swarthmore College, and then sued Swarthmore under Title IX. After John-Doe-vs-Swarthmore was filed Swarthmore said “additional information became available which both parties believe raises questions about the impartiality of the college judiciary committee panel that heard John’s case. On the basis of this new information, John has requested that the college vacate the panel’s findings and sanction. The college agrees that the new information raises sufficient questions about the fairness of the hearing to warrant vacating the panel’s findings and sanction.” After this, the federal judge in the case agreed to a joint motion from the college and the student to dismiss the lawsuit.
2011-2016 will be remembered by many college males as years of being unjustly and unfairly persecuted for innocent actions and words. The constant and aggressive attacks on college males in the form of false accusations is downright shameful. Title IX is often used as an anti-male bully club to deny hundreds of males their college degrees. Even Forbes magazine acknowledges that males are an endangered species on college campuses. These years will also be remembered for turning progressive leaning college males into conservatives for life, my son included.
It is my hope that 2017 will quickly usher in much needed campus sanity, fairness and due process. Starting with the repeal of the 2011 DCL. If you want to be a voice for campus change begin here by telling our President-Elect Donald Trump to repeal the 2011 DCL. https://apply.ptt.gov/yourstory/
Thank you, Alice True
John Doe took University of Oregon to court alleging he’d been wrongly punished after an unfair disciplinary process. Judge Conover ruled, “In this case I do find, based on my position here, that the procedural protections were not properly afforded to John Doe.” Judge Conover also said that UO may not launch new disciplinary proceedings against the accused student in connection with the alleged incident. Doe’s lawyer Ms. Hoffman asserted in court filings that her client passed four polygraph tests that established he was truthful when he denied having had any sexual contact with the alleged victim on the night in question, and that the young woman’s accusations “were false and were intended to garner sympathy and attention from her ex-boyfriend.”
registerguard.com By Jack Moran
John Doe was a senior when he was expelled. John alleges in his lawsuit that Drake University violated his constitutional due process rights and the federal sex discrimination law, Title IX. John Doe says the University failed to consider his allegations of sexual assault against Jane Doe, but believed her allegations against him. John said Jane initiated oral sex but he was so drunk he was unable to consent. According to court documents, the woman admitted that she initiated the act without his consent. He wants to be paid for emotional stress and loss of educational and career opportunities in an amount to be determined at a jury trial. He also wants Drake to remove the expulsion from his college record.
It’s getting harder to justify the ridiculous kangaroo court system created by Title IX and the infamous “Dear Colleague” letter that mandated “compliance” by creating campus tribunals hearing sexual assault cases with a preponderance standard of proof. The Sixth Circuit Court of Appeals needed twenty-nine pages to show how the University of Cincinnati’s “Administrative Review Committee’s” satisfied two former students’ due process rights and complied with Title IX. Somehow, a system that restricts accused students from buildings, allowed a “victim impact statement” to be read before an “adjudication,” and a hearing conducted in front of a panel that doesn’t even know the burden of proof is perfectly legal and denies no rights whatsoever.
mimesislaw.com by Chris Seaton
Complaints and Rulings for Drake University, Washington State University and University of Cincinnati…A complaint filed last week against Drake University in Iowa includes an intriguing argument. Like most such suits against private universities, it claims that Drake breached its contract with the student-plaintiff and discriminated against him on the basis of sex in violation of Title IX. But in addition, it argues that the university was-by virtue of coercive federal pressure-a state actor at the time of the incident, and as such, deprived the plaintiff of his constitutional due process rights.
thefire.org By Samantha Harris
John Doe filed a civil action against Williams College for Title IX violations. In addition, the plaintiff and his lawyer, Stacey Elin Rossi, claim that the College failed to comply with the Massachusetts Civil Rights Act, the Massachusetts Unfair and Deceptive Practices Act and the right to privacy under FERPA. It also asserts that the College did not follow principles of “good faith, fair dealing, due process and fundamental fairness” and committed “negligence, assault and defamation.” Doe seeks damages resulting from harmful actions by the College that resulted in him not receiving his degree and have produced consequences to his academic and career future, as well as earning potential and reputation.
williamsrecord.com by Neena Patel
Rulings for Lynn University, UC San Diego, and William Paterson University…Universities increasingly rely heavily on investigators rather than hearings to determine responsibility in sexual misconduct cases. The dangers of combining in a single individual the power to investigate, prosecute, and convict, with little effective power of review, are obvious. No matter how well-intentioned, such a person may have preconceptions and biases, may make mistakes, and may reach premature conclusions. These “single investigator” systems raise significant due process concerns, articulated perfectly by Judge Dennis Saylor in the Doe v. Brandeis decision:
thefire.org By Samantha Harris