NY COURT WIN: 2 Drunk Students Have Sex 3 Times. Why is This Sex Assault?
Two students at SUNY Plattsburgh were drinking and had sex three times in seven hours. So what then made this a sexual assault? The New York Appellate Division, Third Department, majority was not going to delve into the explicit, lurid details of the sexual encounter between the accuser and accused. But look to NY Gov. Cuomo’s Enough is Enough Law, (which imposed upon public colleges in NY a regime separate from Title IX) and SUNY’s Title IX coordinator, Butterfly Blaise to find answers… The appellate court’s 3-2 majority reversed and remanded for a new hearing based upon Butterfly’s errors. And while it was a win of sorts for the petitioner, it demonstrated a glaring due process failure in Cuomo’s Enough is Enough law.
blog.simplejustice.us By Scott H. Greenfield