A former Indiana University of Pennsylvania student who was acquitted in separate trials last year of rape, alleged in a federal lawsuit that his expulsion by the school’s disciplinary board violated his constitutional right to due process. Jose Aponte, 24, of Philadelphia seeks unspecified civil damages against the university and IUP officials. The lawsuit alleges that Aponte’s Hispanic heritage contributed to his treatment and resulted in a “smear campaign” against him. “Aponte was deemed guilty from the moment of his arrest, and the stories of his accusers were taken as gospel because of their sex and prevailing stereotypes, even though the accusations made against Aponte were not true. The (disciplinary) hearing was simply a formality…by virtue of this suspension, Aponte was barred from finishing his finals and attending graduation.” He is asking the court to order IUP to confer upon him a Bachelor of Science in criminology.
triblive.com By Paul Pierce
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
In recent years, critics of the Obama administration’s approach to sexual assault reporting have charged that colleges are denying the rights of the accused. Two lawsuits – one involving Thomas Klocke an accused student who committed suicide, and another about a Cornell student’s attempt – have added fire to the continued debate over how colleges handle complaints of sexual assault. These two cases have been held up as examples of a flawed system that some say should require colleges to rely on a higher standard of evidence in investigating and punishing students for sexual assault.
insidehighered.com By Jeremy Bauer-Wolf
The results of Doe’s polygraph test, in which he truthfully answered as follows: Did [Roe] take her own pants off for sex? Yes. Did you in any way force [Roe] to have sex of any kind? No. Did [Roe] in any way object to engaging in any sex act with you? No…Athletic Trainers such as Roe were prohibited by Dayton from engaging in sexual contact with student athletes. Roe discussed this rule with Doe and explained how she did not honor Dayton’s rule prohibiting Athletic Trainers from engaging in sexual contact with student athletes because she believed she could “hook up with whoever [she] want[ed] to.” Roe had legitimate concerns that she might lose her job as a Dayton trainer because she had violated Dayton’s rule by engaging in [consensual] sexual intercourse with a male student athlete…Dayton and Swinton ignored overwhelming evidence of Doe’s innocence in favor of conducting a gender-biased investigation in violation of Dayton Policies to establish Dayton’s pre-determined goal of finding male students like Doe guilty of misconduct.
John Doe has settled with Lynn University after he was suspended for a year over a sexual assault accusation that local police ultimately determined was “unfounded.” Police deemed the female’s accusation “unfounded”after viewing campus video surveillance that showed the accuser right before and after her encounter with Doe- walking normally and talking to friends. Within 30 minutes of her encounter with Doe, she was seen holding two cups of liquid from the dining hall, and balancing on one foot and pushing the elevator door button with the other. Footage from just after the encounter showed the accuser with her arms around two other men, laughing and smiling. Again, she used her foot to kick the elevator door button….The accuser made statements suggesting she was not raped and said her friends “encouraged her” to report, as did her parents. Despite clear evidence indicating no rape occurred, Lynn University still suspended Doe for one year.
TheFederalist.com By Ashe Schow
Attorneys for Occidental’s John Doe recently filed ‘Petitioner’s Opening Brief in Support of Petition for Writ of Mandamus’ in L.A Superior Court. Doe was expelled from Occidental College in 2013 following a TIX accusation/hearing of sexual misconduct. John Doe’s Opening Brief exposes the dirty little secret of Title IX tribunals and his exhibits provide insight into Jane Roe’s statements during the investigation process versus her statements at the TIX hearing. Also revealing are the 42 questions that John Doe prepared for his TIX hearing. Many were not asked by the seemingly biased TIX adjudicator. For inquires contact Doe’s attorney, Mark Hathaway 213-688-0460.
Something is gravely amiss at Drake University in Iowa. According to a recent lawsuit filed against Drake University AND Drake’s Board of Trustees, Plaintiff Tom Rossley (A Drake Board of Trustee Member) claims that Drake selectively chooses which staff and students are deserving of fair and ethical treatment. And in doing so, Drake openly discriminates against their students. According to the lawsuit, Drake’s Board of Trustees engage in vicious attacks against those who speak out for the rights of Drake’s students. Tom Rossley (Plaintiff) was one who dared to speak out for the rights of Drake’s students, most notably for his disabled son.
Here are a few points detailed in his lawsuit below:
Mr. Rossley’s disabled son accused a female of sexual assault at Drake University. This female accused his son of sexual assault. Drake refused to investigate his son’s complaint under Title IX but investigated the female’s complaint. Drake knew this male had a life long language-based disability, ADHD, and anxiety, which had been accommodated in the classroom. But during the nine hour hearing Drake forced Rossley’s disabled son to be his own advocate and lawyer, while denying disability accommodations. During the hearing, the female ‘accuser’ admitted she sexually assaulted the disabled male without his consent. Incredibly after her confession Drake refused to investigate her, and instead found the male guilty of sexual assault and expelled him. He was a senior, and shy of one month from graduating and obtaining his diploma.
Out of concern for student’s rights at Drake University, Tom Rossley (A Drake Board of Trustee himself for 23 years) had informed the Board about Drake’s potential violations of federal law, especially with regard to his disabled son. Board Chair, Zimpleman and Board of Affairs Chair David Miles intimidated and verbally attacked Mr. Rossley, trying to silence him, and told him to step down as Trustee. Upon Mr Rossley’s refusal to step down, they led the charge to remove him as a trustee in July 2016.
Liberty University, five employees and a former student athlete are being sued by ex-LU football player Cameron Jackson, who alleges his Title IX rights were violated, he was defamed by the school and he was denied due process during an investigation into an alleged 2015 sexual assault. The lawsuit claims the accuser and two other LU female students engaged in a conspiracy against the football team, which included two later sexual assault claims that were reported to LU but not to law enforcement, in an effort to get football players in trouble. The lawsuit also claims that LU staff did not protect Jackson from on-campus harassment and such behavior caused him to stop attending classes. The lawsuit casts doubts on the accuser’s charges and alleges Jackson’s accuser acted maliciously and the response of LU and its employees was inept…All schools receiving federal funding must comply with Title IX regulations, or risk losing their funding. LU students received more than $825 million in federal student aid in 2014-15.
newsadvance.com By Josh Moody
Mitchell Abidor’s essay discusses Unwanted Advances by Laura Kipnis…Title IX is being used in circumstances that lack due process to ensure the fairness and safety of outcomes, resulting in what Kipnis likens to witch-hunts. Those accused are not informed of the charges against them; no lawyers are allowed; the adjudicating officer often bases his or her decisions on assumptions about male-female (or male-male, or female-female) relationships. The end result has often been catastrophic. Most alarmingly, lives are ruined based on what a hearing officer deems “preponderance of evidence,” the proper weight of which is determined with no set guidelines. Universities and their Title IX apparatus become a kind of helicopter parent, in the name of a version of feminism that Kipnis does not recognize. “This isn’t feminism, it’s a return to the most traditional conception of female sexuality,” she argues. “What dimwitted sort of feminism wants to shelter women from the richness of their own mistakes?”
jewishcurrents.org By Abidor
John Doe has sued Notre Dame in federal court alleging a Title IX violation and claiming the school deprived him of an education through the “discriminatory, gender-biased implementation” of its sexual harassment policy. Doe claims that he was wrongly dismissed from school just three weeks before graduation based on false accusations of harassment and “dating violence.” The university was so eager to prosecute Doe that it ignored video evidence of his ex-girlfriend admitting to using the Title IX procedures to “pursue a personal vendetta,” engage in witness tampering and destroy Doe’s reputation. According to the lawsuit, the university vigorously pursued Jane’s claims, but ignored Doe’s when he contacted school officials claiming she had been harassing him.
courthousenews.com By Chris Randolph CHRIS
If every other egregious example of a male student denied due process after being accused of sexual misconduct gets ignored – this one should not be. College administrators, as well as members of the media and legislators, would do well to remember the name Thomas Klocke. Klocke, a straight male, was accused by a gay male student of writing anti-gay slurs on his computer during a class. Klocke vehemently denied the accusation, and administrators who investigated the incident acknowledged there was no evidence to support the accuser’s claims, yet Klocke was still punished. The accused student’s father, a lawyer acting as the administrator of his son’s estate, is now suing the school for violating his son’s Title IX rights.
watchdog.org By Ashe Schow