John Doe says the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. Doe says he and ‘Mary Smith’ both consented to sex, and claims that Mary was pressured into reporting their consent sex as assault by her boyfriend. Mary’s boyfriend then acted as her advisor duing the sex assault hearing. Doe’s suit further alleges that Johnson and Wales University conducted a “fundamentally flawed” investigation and denied him “the most basic elements of fairness promised to him” in the school’s student handbook. The suit seeks a reversal of the university’s findings and sanction and calls for other measures that would allow him to continue his education at the school. Read the court filed JWU complaint.
College Men: Don’t Apply Here
Occidental, UVA, Yale, Stanford, Columbia, Harvard, University of Oregon, USC, SMU, UNC, the State of New York, Illinois, Virginia, Minnesota, California and Connecticut. These colleges and states have passed laws that are extremely biased against males. As anti-due process and anti-male continues, this list grows.
As more and more schools (72 since the Dear Colleague letter) have found themselves on the losing end of due process decisions, a handful of institutions have resisted in a troubling manner. Rather than acknowledge that court decisions showed the need to reform their unfair procedures, schools instead have maneuvered to neuter an accused student’s efforts to go to court…Regarding a Pomona case, Judge Strobel set aside Pomona’s guilty finding, stating that the lack of any opportunity for cross-examination raised “serious fairness questions,” and was so “prejudicial” to the accused, that the college denied him a “fair hearing.” Pomona has the right to appeal an adverse ruling, but instead, Title IX coordinator Sue McCarthy informed the accused that Pomona was going to re-try him, using a different adjudicator but the exact same evidence from the original case, and under the same procedures that had produced the decision Judge Strobel set aside. The university did not inform Judge Strobel of this rather startling decision, which appears to violate existing Pomona procedures.
academicwonderland.com By KX Johnson
Brock Turner, who was found guilty of sexually assaulting a female is applying for an appeal. His lawyers called the initial trial “a detailed and lengthy set of lies.” Turner’s legal adviser, John Tompkins said they are appealing because the facts do not reflect the verdict. In the 172-page appeal, Turner’s legal team claims that they were at a disadvantage for three reasons: The jury did not get a lot of evidence that represented Turner’s character; The jury was not allowed to consider a lesser offense; The jury was subjected to “extensive ‘behind-the-dumpster’ propaganda.”
In 2016 Yale University expelled Jack Montague for nonconsensual sex with a female student shortly before he was to graduate, despite the agreed-upon fact that she returned to sleep with him hours after he allegedly assaulted her. Montague was never criminally charged, and is pressing forward with his lawsuit against Yale; despite a federal judge refusing to order Yale to follow its own sexual-assault adjudication rules. Montague argues in his lawsuit that his academic and employment prospect have been drastically limited by his expulsion. During a March deposition he testified that he has been unable to apply to other schools because Yale won’t release his transcripts until he pays a $3,000 tuition debt. “That represents the last semester that I didn’t finish,” Jack testified. “So, as soon as I was expelled, they sent me a bill for $3,000.” According to the Yale Daily News, the trial is expected to start in February.
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
John Doe’s lawsuit says the accuser claims she was groped at an off campus party, and identified her groper by nickname only. The University of Vermont searched for a picture of John Doe on Facebook and showed it to the accuser. She said the person in the picture was the student who groped her. John Doe told the investigator that he was at the off campus party with his girlfriend and that he had never met or danced with the female student/accuser, stating that he would not touch a woman without her consent. According to John Doe’s lawsuit, “Jane Doe’s false accusations against John Doe were accepted as fact and upheld by Defendants using a Kafkaesque process that denied John Doe due process of law in violation of due process.”
A male graduate is suing Cornell University in federal court, claiming that Cornell and its Title IX investigator Sarah Affel, conducted a biased, arbitrary, capricious, unfair and harmful investigation. John Doe’s complaint accuses Affel of discriminating against him based on his sex, religion and ethnicity and failing to consider the results of a polygraph test he voluntarily took and passed. Doe further accuses Affel of relying on anti-male, and anti-South Asian stereotypes to find him responsible; and employed anti-Muslim bias when one of the witnesses brought up Doe’s Muslim faith, at which point Affel began to question the witness about Doe’s level of respect for women…The investigation and the one-year suspension handed to Doe gave him severe mental health problems-problems that resulted in his contemplating suicide and his being admitted to a psychiatric ward “for several days.” Doe is demanding a jury trial and is asking the University for damages.
cornellsun.com By Drew Musto
A Worcester County resident expelled this year from Johnson & Wales University following allegations of sexual assault is suing the school, claiming that he was falsely found responsible by an unfair disciplinary process…In the lawsuit, John Doe claims that the university refused to provide him with a copy of the complaint against him, failed to prepare him adequately for the hearing and conducted a biased investigation. The sexual encounters were consensual, he claims, alleging that ‘Mary Smith’ was pressured into reporting them as a sexual assault by her boyfriend — who also served as her advisor during the hearing.
masslive.com By Dan Glaun
A lawsuit facing the University and UT President Gregory Fenves argues that Fenves circumvented due process in suspending a male student accused of rape in a Title IX case. This case is one of many in recent years that addresses due process and Title IX sexual assault cases. In this case, the University hearing did not find enough evidence to punish the male student. However, when the case was appealed, Fenves determined the female student was incapacitated and therefore unable to give consent.
dailytexanonline.com By Will Clark
Tulane University ignored the results of a polygraph test that cleared a student, gave no reasoning when it found him responsible for sexual misconduct and arbitrarily hiked his punishment, according to a new due-process lawsuit against the private New Orleans school.
thecollegefix.com By Jeremiah Poff