KEY LAWSUIT: Male Sues Accuser, U of Dayton, and NCHERM-Who Writes Disciplinary Procedures

A University of Dayton student referred to in court documents as John Doe alleges he was wrongfully suspended for two years following a night of consensual sexual activity with a fellow student and athletic trainer. Like so many other young men on college campuses, John was put through the wringer.  Without the ability to properly defend himself,  John was suspended from the university for two years and lost his appeal. He is now suing the accuser on two counts of defamation and suing Dayton for breach of contract and violating his rights under Title IX to be free from sex discrimination. In a move I have not seen before, John is also suing the National Center for Higher Education Risk Management (NCHERM), a consulting firm that charges colleges big bucks to teach them how to implement adjudication policies that have led to many lawsuits from accused students. It’s not clear how much Dayton has paid NCHERM, but the group held a conference in 2011 that cost $2,500 a head and netted $425,000. One of the investigators Dayton hired for this case was Dr. Daniel C. Swinton, who worked for NCHERM. He went to Ohio to conduct the investigation. John alleges NCHERM was a third party to his injustice and is suing them for breach of contract, promissory estoppel, and negligence. By Ashe Schow

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