More than 150 lawsuits brought by students accused of sexual misconduct who allege they were denied basic fairness in campus proceedings have been filed since 2011. Two recent rulings illustrate how malleable and susceptible to varying interpretations the law in this area is, leading to a mixed bag of results for plaintiffs. Some judges are deeply reluctant to interfere in universities’ internal disciplinary systems and will defer to universities even when the circumstances would likely strike most people as outrageous. Other judges are more willing to allow accused students’ lawsuits to move forward, at least beyond the initial pleadings and into the discovery phase. Today, we will look at one of each of those cases.
www.thefire.org Samantha Harris
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 policies and laws that are extremely biased against males. As anti-due process continues, this list increases. Men are preferring Canadian colleges over American colleges. It’s worth your good name, innocence and a successful future for you to go elsewhere.
Northwestern University announced last month that female students had “potentially” been drugged and raped at the Sigma Alpha Epsilon house. It later said another student might have been drugged and raped at a different, unnamed fraternity. Who reported these horrific crimes? No one knows. They were done anonymously. Northwestern launched a witch hunt against two fraternities, intentionally naming one, without even knowing who the alleged victims were. And now the university that cried “wolf” is closing its investigation with no punishments…TIX rape accusations are becoming so trendy that I bet pretty soon designer wear will be created to go along with these trendy TIX false rape claims. (SOS)
thecollegefix.com By Greg Piper
A former University of Maryland student opposed a motion from campus administrators to dismiss his complaint in a federal lawsuit seeking $5 million. The ex-student and plaintiff, John Doe claimed in his Sept. 30 complaint that he was wrongfully expelled. Doe alleged he was not given due process or advised of his rights during this university’s sexual misconduct investigation and was not given proper notice of investigation procedures. University officials also “filtered through the police report” and didn’t let Doe tell his side of the story while ignoring certain details of the incident. Doe seeks reinstatement to this university and for all files related to the investigation to be removed from his record. At the time of his expulsion, he was three credits shy of graduation.
dbknews.com By Jessica Campisi
On Friday Manhattan federal judge Gregory Woods said Nungesser could not prove he was harassed based on his gender and tossed the lawsuit “with prejudice” To win, Nungesser would have had to prove that Columbia knew he was being harassed based on his gender. But Nungesser himself argued in his lawsuit that “Sulkowicz’s conduct was motivated by her anger at his rejection of her as well as her anger at his having been found ‘not responsible’” for the rape. Nungesser’s lawyer said his client intends to keep fighting. “We think we have a good appeal. We’re going to have to go to to the Second Circuit (Court of Appeals) and get it done right.”
nypost.com By Kaja Whitehouse
“The main problem with affirmative consent policies is that they don’t match how people have sex in the real world, including on college campuses. They are a classic example of policies that sound good in theory but break down in practice.” If you point to any one thing and say that’s what made me think I had consent, you’re going to be found responsible for sexual misconduct. That’s because most sexual misconduct policies explicitly say that consent for one sexual act does not imply consent for another sexual act.
thecrimson.com By Dillon and Stotland
Fifty years ago a white woman accused 14 year old black Emmett Till of sexual assault. It turns out her accusation was false, Throughout America, college campuses are reliving the Jim Crow South where black men stereotyped as rapists were lynched by the Ku Klux Klan. Today at colleges when a white female accuses a black male of assaulting her, Title IX teaches (religiously) that she is to be believed. This brazen and radical feminist stance of ‘believe’ is leading to hundreds of innocent males being Title9 falsely accused, expelled and denied a college education for life. Many of the accused males are black without resources to defend their innocence. Below are true stories of alleged campus sexual assaults involving white girls who Title9 accuse blacks. ALL BLACKS WERE Denied a FAIR HEARING, Denied DUE PROCESS, and denied the PRESUMPTION OF INNOCENCE.
Sacred Heart University: White Female and 2 Black Males have consenting sex, She cries rape. 2 BLACKS EXPELLED White Female is charged w making a false allegation. 2 Black Males never get their college education or scholarship back.
Florida State University: White Female and Black Male athlete have consenting sex. Female accuses. Black Male is found innocent three times. White Female shifts story, contradicts evidence. White Female seeks celebrity and $$ while BLACK MALE IS SLANDERED.
False accusations exist. Due Process is essential for justice. Alice
More than a dozen new lawsuits have been filed against universities by students who allege they were discriminated against and denied due process in campus sexual misconduct proceedings, and even more complaints are in the works. There have also been a number of new rulings in the many ongoing accused-student lawsuits. Today, I’ll talk about two of this month’s decisions in which federal judges denied accused students’ requests for preliminary injunctions in their cases.
www.thefire.org By Samantha Harris
For 23 years Tom Rossley was a member of the Drake Board of Trustees. Rossley is now suing Drake after his fellow trustees voted to remove him because of his defense of his son. Rossley’s son, who is identified only as John Doe in court documents, and who appears to be a victim of sexual assault, is also suing Drake for gender discrimination in a separate lawsuit filed late last year. What follows is a campus sexual assault investigation unlike any other, which has so many elements from other outrageous campus kangaroo-court fiascos it could have been written for an episode of Law & Order: Special Victims Unit. Sadly, for Rossley and his son, this nightmare was not written by Hollywood; it is their current reality.
watchdog By Ashe Schow
Over the last few years, we have become all but immune to what, under any other circumstances, would be a fantastic claim—that one in five female undergraduates will be victims of sexual assault. This rate would translate to several hundreds of thousands of violent crime victims (with almost all of the incidents unnoticed) annually, and implies that about the same percentage of female college students are sexually assaulted as women in the Congo where rape was used as a war crime in the nation’s civil war…Even within this environment of pie-in-the-sky statistics, a recent survey from Duke stands out.
mindingthecampus By KC Johnson
Tufts Community Union Senate voted down Student’s Advocating for Students resolution “Requesting Fair and Protective Title IX Procedures.” Twenty-five student Senators voted against fair and protective Title IX procedures, and no Senators voted in favor of these procedures. The hearing prior to the final vote was a shocking yet accurate display of Tufts University’s egregious campus culture…Senators directly defended allowing victims of sexual misconduct to determine Title IX sexual misconduct cases- violating Tufts’ obligation to provide impartial Title IX proceedings.
sa4s.org By Students Advocating for Students