10TH CIRCUIT Outlines How UDenver Railroaded Accused Male, But Upholds His Expulsion
In a shocking ruling, the U.S. Court of Appeals for the Tenth Circuit outlined numerous ways in which the University of Denver (DU) railroaded an accused student despite serious deficiencies in the accuser’s story, but didn’t overturn his expulsion because it claimed the due process violations weren’t related to the accused student’s gender.
2014 Background: John Doe was a freshman at DU. He had a sexual encounter with a female freshman in his dorm room. Six months later the female– at the insistence of her then-boyfriend – accused John of sexual assault. John was expelled and filed a lawsuit like many wrongly accused students who were denied due process.
2020 Ruling: In response to the evidence, to the arguments, Judge McKay wrote along these lines.
To the extent Plaintiff contends that an inference of anti-male bias arises from DU’s attempts to encourage sexual-misconduct reporting generally, we find any such argument unpersuasive. At most, encouragement of this nature might possibly be construed as exhibiting a bias against potential respondents because it increases the likelihood that potential respondents will be subjected to investigation and possibly sanctioned if found responsible. But both men and women can be potential respondents, and therefore any bias against them would not be bias on account of gender.
There was no doubt whatsoever that there was bias. There was no doubt, none, that University of Denver railroaded the plaintiff. The judges themselves called what happened to John “a railroading.”
Even after all this, the judges decided John hadn’t proven his claims to their satisfaction. Specifically, they wrote that even though 35 of 36 accusers at DU between 2011 and 2016 were female and all accused students were male, there was not enough evidence to suggest the school had an anti-male bias. Instead, they said it was simply an anti-accused bias.
This is a common claim that only works in court. On campus, women use Title IX to claim gender discrimination because they say they are the majority of sexual assault victims. Then it would seem it would be gender bias to railroad accused students since they are the majority of the accused. But we don’t live in a fair world.
dailywire.com-Schow blog.simplejustice.us-Greenfield thefire.org-Harris
