Brown University botched a sexual-assault hearing, treating an accused male student unfairly, a U.S. District Court ruled. Court records illustrate how ill-equipped the Title IX panel was to make such a major decision. With as few as five hours of training, they make determinations that can ruin someone’s life and reputation. John Doe claimed the accusations against him were fabricated, offering the investigator a witness who claimed to have heard Ann Roe and a friend conspiring to get him in trouble. The investigator decided not to get text messages between Roe and her friend, but told the Title IX panel that there was “insufficient evidence” to support Doe’s conspiracy claim. That was “particularly problematic,” the district court decided, “given that she had refused to ask for evidence that might have proven it so and been exculpatory to Doe.”
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.
Clark University has done male students a service. Because the University has watered down the definition of rape so much, male students know not to apply here. If you do attend this University, it’s a pretty good bet you will be falsely accused. And sadly once accused, Title IX has pre-determined your guilt regardless of your evidence of innocence. With Clark’s definition of rape, the net is cast to catch innocent young men.
theblaze.com By Kaitlyn Schallhorn
washingtonpost.com By Eugene Volokh
Wolfgang Ballinger was a junior at Cornell when he was arrested on charges of attempted rape. Only arrested, and not convicted, Cornell suspended Ballinger, banned him from campus, and placed Psi Upsilon- the frat he was president of- on interim suspension. Ballinger’s attorney Sarah Wesley, paints a dark picture of police mishandling the investigation, and claims there are “serious questions of credibility with respect to the ‘victim.’” Ms. Wesley likened Ballinger’s case to the now-discredited Rolling Stone story.
thetab.com By Harry Shukman
The verdict came down in the first defamation case stemming from Rolling Stone’s famously flawed investigation about college rape on the Friday before Election Day. The jury awarded Eramo $3 million in damages: $1 million from Rolling Stone and $2 million from Erdely. A second lawsuit, from the fraternity itself, is scheduled for trial in Virginia state court next fall. Here are some takeaways from the Eramo decision, based on insights from lawyers who followed the case.
cjr.org/analysis By Bill Wyman
Earlier this fall, OCR announced its findings against Wesley College for mishandling a case against a falsely accused student. He was denied rights to present evidence of his innocence. The main reason we need due process is to make sure you don’t get punished if you’re innocent. A college hearing board cannot imprison an accused, but it can take away the educational opportunities he has earned, cut him off from his community, and impose a stigma that can deny him future opportunities. It should not impose these life-altering consequences without substantial evidence that has withstood close scrutiny. It should give the accused a meaningful chance to defend himself.
Adoption of the Dear Colleague letter in 2011-coupled with campus pressure from activists and their faculty and administrative allies-has paved the way for all sorts of procedural abuses in campus sexual assault cases. The latest example comes in a lawsuit filed against Williams College. This case was unusual…one of its employees had leveled serious, uncorroborated allegations against a student with whom she’d had an inappropriate romantic relationship. The complaint claims Dean Bolton assured her that Doe’s expulsion was virtually assured, despite firm college rules that preclude someone in Bolton’s position discussing another student’s disciplinary proceedings with someone in the employee’s position.
academicwonderland.com By KC Johnson
Lawyers for former Yale basketball captain Jack Montague are seeking a court order that would allow him to return to class while he fights his expulsion for being accused [falsely] of sexual misconduct. Montague says the October 2014 sexual encounter was consensual, and no criminal charges were brought. “He has already suffered, and continues to suffer, irreparable injury -his ability to complete his education and receive the degree he had all but earned prior to his expulsion hangs in the balance, and his employment prospects are dim,”
According to the claim, both parties were students at Tulane University and Jane Doe falsely accused him of sexually assaulting her at her campus apartment. The suit states she filed the allegedly false complaint on March 29 and that the complaint caused him to be expelled from the university. The defendant is accused of defamation of character.
louisianarecord.com By Carrie Bradon
Cornell’s investigators only considered Roe’s complaint and ignored Doe’s on the basis of his gender. John Doe’s suit claims that, among other infractions, the investigator refused to properly handle Doe’s complaint, conducted biased interviews against Doe in favor of Roe. In addition, the suit alleges that Doe was mistreated during the investigation, saying investigators denied him opportunities to speak with his lawyer before answering certain questions and refused to request that Roe preserve certain pieces of evidence that she possessed. “Cornell has given us a revolving door of excuses as to why it won’t investigate our complaint,” Doe’s lawyer Alan Sash said.
cornellsun.com By Josh Girsky
Robert Barber’s attorney, Stephen Graham, filed a response Monday rebutting Washington State’s assertion that the Whitman County Superior Court should deny Barber’s request for a stay of his client’s suspension. “He’s allowed on the campus,” Graham said. “I don’t know why he’d be able to go to the CUB (student union building), walk on campus and visit friends in the dorms, but when it comes to time to study, he’s now not allowed on campus.”
seattletimes.com By Stefanie Loh