Judge Elizabeth Dillon proved that some campus procedures are just too outrageous to survive judicial review. The judge’s due process ruling came in a case out of James Madison University. The case illustrates the effects of an often-overlooked effect of the 2011 Dear Colleague letter-the requirement that colleges allow accusers to appeal not-guilty findings…this double-jeopardy principle creates an additional layer of injustice. “No reasonable jury,” [Judge Dillon] concluded, “could find the accused student was given fundamentally fair process. Instead, the undisputed facts show that JMU denied him a ‘meaningful hearing.’”
www.mindingthecampus.org By KC Johnson
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.
“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
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.
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
Today, any unwelcome comment to a female student from a male student, or faculty member is grounds for a Title IX investigation. University of Kentucky’s TIX coordinator ruled that the professor who sang “California Girls,” included ‘language of a sexual nature’ and was offensive.” Although there were no student complaints, the professor was refused due process—as is the case for many accused males in Title IX cases. In most cases, accused students are not given due process -they are denied a chance to respond to allegations, they are not informed of their options for resolving the complaints, they are not given copies of the incident report or other evidence against them before the hearing, they are not allowed to call witnesses on their behalf, and they are often denied legal representation.
mindingthecampus.org By Anne Hendershott
This is the one year anniversary of the Fox documentary that focused on three college males who were falsely accused. First, Occidental’s John Doe speaks about meeting Jane Doe, their night of sex and his TIX hearing when he was denied all rights. Second, Paul Nungesser’s lawyer speaks about his case. Paul was found innocent by Columbia and Law enforcement, but Paul was slandered viciously by celebrity seeking Mattress Girl. Third, University of Tennessee’s Corey Mock speaks about his TIX injustices. Eventually a court of law overturned UTC’s injustice. Here is the 41 min. documentary.
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.