The lawsuit filed by Northwestern Title IX accuser “Nola Hartley” against best-selling author Laura Kipnis (Unwanted Advances) has attracted substantial attention. The Kipnis book looks primarily at four cases, and the second case which involved Ludlow and a graduate student in his department prompted the Title IX complaint against Kipnis and is also the subject of the lawsuit…Beyond the exaggerated claims, the baseline premise of the lawsuit is a chilling one: that while the Ph.D. student purportedly “takes no issue with [Kipnis’] choice to write on this topic,” Hartley, as a Title IX accuser, some of whose claims Northwestern accepted, should have a veto power over which “facts” Kipnis can present. This argument should raise grave concerns.
mindingthecampus.org By KC Johnson
A University of Dayton student referred to in court documents as John Doe alleges he was wrongfully suspended for two years following a night of consensual sexual activity with a fellow student and athletic trainer. Like so many other young men on college campuses, John was put through the wringer. Without the ability to properly defend himself, John was suspended from the university for two years and lost his appeal. He is now suing the accuser on two counts of defamation and suing Dayton for breach of contract and violating his rights under Title IX to be free from sex discrimination. In a move I have not seen before, John is also suing the National Center for Higher Education Risk Management (NCHERM), a consulting firm that charges colleges big bucks to teach them how to implement adjudication policies that have led to many lawsuits from accused students. It’s not clear how much Dayton has paid NCHERM, but the group held a conference in 2011 that cost $2,500 a head and netted $425,000. One of the investigators Dayton hired for this case was Dr. Daniel C. Swinton, who worked for NCHERM. He went to Ohio to conduct the investigation. John alleges NCHERM was a third party to his injustice and is suing them for breach of contract, promissory estoppel, and negligence.
thefederalist.com By Ashe Schow
A UCF male student expelled last year over allegations he raped a female student after a night of drinking is fighting in court to return to school. “I didn’t do this,” he testified at his school discipline hearing, I want my student life back.” Prosecutors did not pursue a criminal case against the male student because of problems with the accuser’s credibility and a missing key witness. The male passed a polygraph test. According to the lawsuit filed against UCF, the man said the sex was consensual and that she made up the allegation because her boyfriend had caught her cheating on him. The man also disputed the fairness of his hearing because he was not allowed to bring up her previous sexual assault allegations against his roommate…Since late 2015 at least three others -a Rollins lacrosse player, a UCF ROTC cadet and a UCF freshman – have sued after they said they were unfairly punished for sexual assault allegations they denied committing. The courts rejected one case while two are still pending.
orlandosentinel.com By Gabrielle Russon
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
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.
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.
An administrative review has upheld UNC-Chapel Hill’s investigative finding that there was no violation by a suspended UNC football player accused of sexual assault. In a short statement Friday, Kerry Sutton, the attorney who represents Allen Artis, said the university’s original finding had been affirmed by Gena Carter, an administrative reviewer chosen by the university.
newsobserver.com By Jane Stancill
Recently a number of stories highlight how unfair and unjust the college environment is in the US for young men – and the necessity of federal intervention to fix the damage previous federal intervention has done. It’s not that we don’t need to protect women anymore, or take sexual assault seriously. It’s that men need our protection too. Take Thomas Klocke, a Texas student accused of making anti-gay comments which he vehemently denied. Klocke received no hearing. UT official’s conceded that there wasn’t enough evidence against Klocke, yet placed him on disciplinary probation. Thomas Klocke killed himself a few days later… A report just released by the Census Bureau showed that millennial women are driving the current growth in the 25-to-34-year-old workforce, and that “more young men are falling to the bottom of the income ladder.” We would never stand for an unjust system, like the one created by the Obama Dept. of Education’s interpretations of Title IX, if it shattered the lives of women as it currently does to men.
nypost.com By Karol Markowicz
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
When one student accuses another student of sexual assault, what must a school do to make sure its disciplinary process is fair to both sides?.. Nearly everything about John and Jane’s short-lived relationship has become the subject of a bitter, bizarre and high-stakes legal dispute that has dragged on for years. Their story, told here in detail for the first time, is currently binding law affecting hundreds of thousands of students enrolled in California schools of higher education. Their story also marks the first time that a state appellate court has ruled on the constitutionality of a campus sexual assault proceeding since the Obama administration directed schools to take a tougher approach in resolving these cases or risk losing millions of dollars in federal funding for violating Title IX.
politico.com By Lara Bazelon