As the Amherst case awaits a ruling after a preliminary hearing, there was a minor development in the case. Recent filings by the college reveal that the accusing student (A.S.) successfully quashed the accused student’s subpoena. The ruling thus ensured that not only would A.S. not be deposed, but she would not need to produce any relevant documents in the case. In a ruling that was a model of circuitous reasoning, Judge Robart, gave A.S. the benefit of the doubt on close legal issues. Ironically, Robart sent a message that the only way an accused student can obtain relevant evidence involving his accuser is to sue his accuser as well as the college. Expect more accusers to be added to future lawsuits as a result.
academicwonderland.com By KC Johnson
Title IX Lawsuits
Falsely accused are fighting back with Title IX and other lawsuits. Some wins, some losses.
“John Doe” is suing to get his diploma from Williams. Doe’s scheduled graduation in June was suspended pending the results of a Title IX investigation initiated by his ex-lover, who allegedly accused him of rape only when she feared he would get her fired. According to Williams College, A sexual-consent policy that tells both partners they need each other’s consent means the same thing as a policy that forces accused students to prove they obtained consent.
thecollegefix.com By Kayla Schierbecker
Many accusations of sexual assault on college campuses involve female students alleging the male student made all of the advances. But in this scenario, the female student, Marion Zerfoss was the aggressor yet she was not punished for taking advantage of a drunk male student, Aaron Farrer. Marion Zerfoss claimed to campus investigators and police that she was “s— faced” but that he was completely sober, which he denies. Farrer alleges that Marion reported him because she was embarrassed about her behavior and wanted to cover up the fact that she had cheated on her remaining boyfriend (she had broken up with the other). Farrer is suing his accuser, Marion Zerfoss for defamation and intentional infliction of harm.
thehill.com By Ashe Schow
Serial accuser, Angela Cameron is being sued. Katharine Westaway a women/gender studies professor is being sued…Falsely accused student, David Jia sued the University of Miami, two officials and his accuser for “negligence, Title IX violations, intentional infliction of emotional distress, defamation, and other claims.” Jia is seeking justice against the university that railroaded him. Two things stand out about Jia’s suit-Police determined that serial accuser Angela Cameron blatantly lied, and professor Katharine Westaway, was moonlighting as an unofficial “rape counselor” while she harassed David Jia.
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.
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.