COURT WIN: Cornell and Title IX Acted ‘Arbitrarily and Capriciously’
Cornell University and its Title IX Coordinator, Sarah Affel exhibited cruel and unusual punishment towards one of their own male students as evidenced by this recent decision by The New York State Supreme Court.
Recently, the Hon. Eugene D. Faughnan found that Cornell University and its Title IX Coordinator, Sarah Affel, acted “arbitrarily and capriciously” and “without any rational basis” when they refused to promptly investigate John Doe’s claim that a Cornell Title IX investigator discriminated against him in a sexual assault matter in which he is both a complainant and a respondent.
-The Court found that John Doe suffered “actual harm” and was prejudiced in the sexual assault matter by Cornell’s arbitrary and capricious refusal to comply with its own Title IX-mandated anti-discrimination policy.
-The Court ordered Cornell and Ms. Affel to immediately investigate the male student’s discrimination complaint.
In summary, the biased Cornell Title IX investigator refused to properly investigate John Doe’s claim that he had been sexually assaulted and tried to prejudice him in connection with Jane Roe’s sex assault claim. When John Doe sought redress under Cornell’s Title IX-mandated policy prohibiting staff members from discriminating against students, Cornell ignored that claim as well, refusing to promptly investigate.
Read Court Decision Here: Cornell Decision and Order 1 20 17
John Doe’s Attorney Alan Sash: thetab.com