A former Allegheny College student has filed a federal civil rights lawsuit against the school, claiming he was unfairly expelled after a sexual assault allegation was levied against him in 2014. “The college has punished ‘John Doe’ with its most severe sanction -expulsion and a permanent record of the alleged violation -with no credible evidence and as a result of a process that contains virtually no procedural safeguards for accused students and is permeated with gender bias,” the suit states.
goerie.com By Madeleine O’Neill
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
John Doe claims Denison violated Title IX by creating a gender biased, hostile environment against males, based in part on Denison’s pattern and practice of disciplining male students who accept physical contact initiated by female students…”Upon arriving in John Doe’s room, Jane Doe voluntarily started to undress herself and initiated sexual activity with John Doe. After Jane had an orgasm, Jane stated she would rather have sexual intercourse and asked John to get a condom.” Based on the information detailed in this Complaint [see below] (and) upon information and belief, Defendants’ unlawful discipline of John Doe occurred in part because of Defendants’archaic assumptions that female students do not sexually assault their fellow male students.
Remember John Doe who was expelled for sexual misconduct, even though his accuser performed a sex act on him while he was blacked out? Recently, Seattle District Judge James Robart, blocked Doe’s attempt to subpoena his accuser’s text messages on grounds that re-litigating the matter “would impose emotional and psychological trauma” on her. According to Judge Robart, John Doe who believes Amherst violated his due process rights, wrongfully expelled him, and ignored subsequent evidence that his accuser, ‘Sandra Jones,’ was the actual violator of the college’s sexual misconduct policies, does not deserve the opportunity to make his case because someone else’s feelings are more important. Judge Robart argued that since Doe isn’t suing Jones directly, he has no right to involve her in his case against Amherst. The Moral: SUE YOUR ACCUSER
reason.com By Robby Soave
About one new due process lawsuit per week was filed last year against a college by a student who had been found guilty of sexual assault by a campus tribunal, despite what the lawsuits claim is strong evidence of innocence. The strongest federal appellate win for an accused student was issued unanimously by an all-Democratic-appointed panel. And the biggest appellate loss for an accused came a few months later, from a unanimous panel that included two George W. Bush appointees. Those two decisions are bookends for the diverse approaches that different judges have taken to the civil liberties of accused students, mostly males, whose fates are decided by campus authorities.
washingtonpost.com By Johnson and Taylor
College fake accusations are increasing and distressingly so. I really wish that college girls would study, and focus on their career instead of teasing and throwing their body at a guy, and afterwards create a rape story to major in victim hood101. Pluze, these false accusations stink. Stop this! Stop lying! Stop craving a victim hood career. It’s embarrassing. After reading through this latest Illinois court filing, I have tremendous respect for John Doe’s courage, strength, and integrity. John Doe alleges that Columbia College Chicago violated Title IX by creating a gender biased, hostile environment against males, based in part on CCC’s pattern and practice of disciplining male students who accept physical contact initiated by female students…Upon information and belief, CCC’s agents involved in CCC’s adjudication of Roe’s sexual misconduct claims against Doe -knew Doe had not sexually assaulted Roe and that Roe had initiated and/or consented to all physical contact. Read it, the evidence is overwhelming: Docket 1 complaint doe v columbia college chicago-1
The latest filings in the Jack Montague case at Yale confirm why negotiations between the two sides failed. Montague’s was a case that never should have been brought. The accuser was unwilling to file a complaint herself-despite strong pressure from Yale’s Title IX officials. So Yale’s Title IX officials filed the complaint themselves-ignoring the fact that the university’s own procedures gave the Title IX office very limited justifications (none of which applied in this case) to substitute itself for the accuser as the complainant.
academicwonderland.com By KC Johnson
A male student has sued Purdue University for suspending him for a year, and expelling him from its ROTC program after his ex-girlfriend accused him of snuggling without her consent while they were dating. Male gender bias exists at Purdue and many colleges across the country and essentially assumes that accused male students are guilty until proven innocent. This sex bias suit against Purdue was brought by Andrew Miltenberg who said the “school’s risk management systems favor punishment of innocent male students, for fear of backlash from victim advocate rights groups.”
thecollegefix.com By Greg Piper
A former Baylor University financial aid staffer filed a Title IX lawsuit. The suit was filed by Lyn Wheeler Kinyon, former assistant vice president for student financial aid. Ms. Kinyon claims she was fired in retaliation for reinstating a football player’s scholarship who she states was improperly revoked because of allegations of a sexual assault that had not yet been investigated.
espn.com By Lavigne and Schlabach
Cornell University and its Title IX Coordinator, Sarah Affel exhibited cruel and unusual punishment towards one of their own male students as evidenced by this recent decision by The New York State Supreme Court.
Recently, the Hon. Eugene D. Faughnan found that Cornell University and its Title IX Coordinator, Sarah Affel, acted “arbitrarily and capriciously” and “without any rational basis” when they refused to promptly investigate John Doe’s claim that a Cornell Title IX investigator discriminated against him in a sexual assault matter in which he is both a complainant and a respondent.
-The Court found that John Doe suffered “actual harm” and was prejudiced in the sexual assault matter by Cornell’s arbitrary and capricious refusal to comply with its own Title IX-mandated anti-discrimination policy.
-The Court ordered Cornell and Ms. Affel to immediately investigate the male student’s discrimination complaint.
In summary, the biased Cornell Title IX investigator refused to properly investigate John Doe’s claim that he had been sexually assaulted and tried to prejudice him in connection with Jane Roe’s sex assault claim. When John Doe sought redress under Cornell’s Title IX-mandated policy prohibiting staff members from discriminating against students, Cornell ignored that claim as well, refusing to promptly investigate.
Read Court Decision Here: Cornell Decision and Order 1 20 17
John Doe’s Attorney Alan Sash: thetab.com
A federal judge has denied a motion from lawyers representing St. John’s University and the College of St. Benedict to seal documents filed in a Title IX lawsuit against the schools. Judge Brisbois denied the motion, saying that the right of access by the public is “far higher than the deminimis nature of that right which the defendants have argued…Lawsuits similar to the present action are being filed across the nation, and they are the basis for a national debate regarding what procedures ought to be required for investigating allegations of sexual misconduct on campus; such as the sexual misconduct investigation underlying the present complaint,” he wrote.
www.sctimes.com By David Unze