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
Positive legislation, Charges Dropped Against Males, Girls Charged for Making False Accusations
Great news. Innocent John Doe will return to the University of Texas. Doe’s finding of innocence by the hearing examiner in February stands and the Univ. of Texas can attempt no further appeals.Read plaintiff’s response to UT’s motion to dismiss the due process hearing A settlement was reached after 45 minutes of closed-door negotiations that has spared UT President Gregory L. Fenves from having to testify about the school’s [biased] sexual misconduct policy. Brian Roark, a lawyer for Doe, told reporters that the student’s reinstatement last week by the university will remain in effect and that there will be no further review of the matter by the school. UT agreed to drop its plan to turn the matter over to an unnamed third party.
statesman.com By Autullo and Haurwitz
Another false accusation, another lawsuit, and another big dollar settlement. The University of Pennsylvania has quietly agreed to pay a black male student (accused of assault by a white female student) an undisclosed amount after he sued the school claiming Penn’s investigation into the incident violated his civil rights. Although the specific terms of the agreement are not public, court records acknowledging the deal follow a rash of lawsuits nationwide filed by men on college campuses maintaining that punishment triggered by internal investigations into sexual misconduct have been biased against them.
whyy.org ByBobby Allyn
A former Sacred Heart University student, accused of making up rape allegations against two football players to gain sympathy from a prospective boyfriend, was denied a pretrial probation program Friday. “This kind of false report is lethal to all true victims,” Superior Court Judge Maureen Dennis stated in denying accelerated rehabilitation for 19-year-old Nikki Yovino. “Her actions altered two lives in a significant way. If not for the extraordinary efforts involved in this investigation, the lives of these two young men could have been altered much more severely.”
ctpost.com By Daniel Tepfer
Liberty University says a reported abduction and sexual assault in September was not true. On September 28, LU released a statement saying that a student was sexually assaulted after being offered a ride to her dorm…After further investigation, LU officials say there was no abduction by a stranger or otherwise.
wset.com by Catherine Doss
On Sept. 7, Education Secretary Betsy DeVos took on one of former President Barack Obama’s most controversial regulatory actions: a set of 2011 campus disciplinary procedures for students accused of sexual assault. DeVos said [Obama’s] system “is shameful, it is wholly un-American, and it is anathema to the system of self-governance to which our Founders pledged their lives over 240 years ago.”
time.com By Stuart Taylor Jr.
A William Paterson University police detective, Ellen DeSimone, ordered the arrest of two male students accused of sex assault. A federal appeals court recently ruled that DeSimone must first prove the reasonableness of the arrests before she can be determined immune. The judge stated. “Deciding whether DeSimone acted reasonably requires a determination of facts concerning what DeSimone knew when she sought the warrant and whether that knowledge would have caused a reasonable officer to investigate further. To resolve that issue, we need more facts.”
FULL STORY BELOW:
A Jane Doe filed charges against her William Paterson University classmates, Collick and Williams, claiming they sexually assaulted her. The two were arrested, but a New Jersey grand jury declined to indict them, according to Third Circuit Judge Jane R. Roth’s opinion.
Collick and Williams sued the university, its police department, and detective Ellen DeSimone for alleged violations of Title IX, the New Jersey Law Against Discrimination, the state constitution, and the Fourth, Fifth and 14th amendments.
The trial court held that DeSimone was not protected by qualified immunity on the Fourth Amendment claim because there were not enough facts to support the assertion that the defendants did not violate the plaintiffs’ rights. The Third Circuit agreed.
“We have reviewed the pleadings and heard oral argument. We agree with the district court’s conclusion that it could not grant qualified immunity to DeSimone on the Fourth Amendment claim,” Roth said. “Our Fourth Amendment jurisprudence establishes that DeSimone’s entitlement to qualified immunity depends on the objective reasonableness of her actions at the time she applied for the arrest warrants.”
The judge continued, “Deciding whether DeSimone acted reasonably requires a determination of facts concerning what DeSimone knew when she sought the warrant and whether that knowledge would have caused a reasonable officer to investigate further. To resolve that issue, we need more facts.”
Roth said that discovery may show that DeSimone acted reasonably by not investigating further steps after she received Doe’s report or that DeSimone made no pertinent omissions in her warrant applications. Or it might show the opposite, Roth said—the point being, those facts were not available to the district judge.
Michael J. Epstein who represented the plaintiffs, said he was pleased with the decision and that the lawsuit was aimed at clearing his clients’ names. “Given the amount of time that’s passed we’re not trying to get them back into the college but we’re trying to get their records cleared,” he said.
www.law.com By P.J. Dannunzio
The Trump administration appears to have tapped a longtime critic of the federal government’s role in education policy for a job at the Education Department. Hans Bader, who until last week served as senior attorney at the Competitive Enterprise Institute, will be joining DoED’s Office of General Counsel.
Many times throughout history societies cast aside the idea of due process, such as during the Salem witch trials and the 1980s and ’90s satanic day care scares. In each case, those accused were not given a proper chance to defend themselves, and society was told to “believe the victim.” But due process appears to be making a comeback. Accused students have been racking up settlements with their universities, DeVos rescinded the Obama-era anti due process Title IX guidance, and California Gov. Jerry Brown vetoed legislation mentioning due process concerns as his reason for vetoing.
thefederalist.com By Ashe Schow
Four women met late last month at a restaurant in a Twin Cities. Each had a son who had been accused at college of sexual assault. One was expelled and another suspended. The other two were cleared, yet one had contemplated suicide and the other was so crushed he had not returned to school. Some of the mothers met with Ms. DeVos in July to tell their stories, and Ms. DeVos alluded to them in a speech she gave last month.
nytimes.com By Hartocollis & Capecchioct