Monthly Archives: October 2019

FALSE COLLEGE Rape Allegation ‘Destroyed’ My Life: Suit

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FALSE COLLEGE Rape Allegation ‘Destroyed’ My Life: Suit

A Long Island woman’s unsubstantiated rape allegation after a drunken night in an upstate frat house has “destroyed” a New Jersey man’s life, he says in a $6 million lawsuit. Catherine Reddington claimed on social media that Alex Goldman assaulted her at Syracuse University following a party in April 2017. The two engineering majors woke up fully clothed in Goldman’s bed, both claiming no memory of the night before. Yet, she went to the police and the university with her accusations. She posted her tale of assault on Facebook.

A months-long investigation, which included a medical exam, rape kit and bloodwork within 26 hours of the incident, found no evidence Ms. Reddington was assaulted, drugged or even had a sexual encounter with Mr. Goldman. Investigators found it “impossible to determine what, if anything, occurred that evening between Ms. Reddington and Mr. Goldman. There is no credible proof of any sexual conduct in this case, consensual or non-consensual,” wrote assistant district attorney explaining why Goldman was never charged.

“What she has alleged about this office and this young man is simply not accurate,” Onondaga District Attorney Bill Fitzpatrick said. “I don’t know what her motivation is for that.” Goldman chose to sue Reddington “because he could not sit idly by,” his lawyer Seth Zuckerman said. “Mr. Goldman will do everything possible to recover his good name.”

nypost-K Boniello Goldman Sues Reddington

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APPEALS COURT Upholds $130K Judgment Against Pomona College For Railroading Falsely Accused Student

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APPEALS COURT Upholds $130K Judgment Against Pomona College For Railroading Falsely Accused Student

Lawyers for “John Doe” wanted Pomona College to pay at least $250,000 in attorney’s fees for repeatedly violating its own policies to find the accused student responsible for sexual assault. They got about half that from Los Angeles Superior Court Judge Mary Strobel, who said Pomona’s conduct was so egregious that she couldn’t “conclude that the factual scenario was unique and unlikely to recur.” (Pomona attempted to retry Doe with the same approach Strobel struck down.)

The private college appealed. The result? More money for Doe.

A California appeals court upheld the $130,000 judgment against Pomona in a ruling Thursday and awarded Doe “his costs on appeal,” concluding “there was no abuse of discretion” by Judge Strobel. “We are very pleased the Court of Appeal affirmed the order for Pomona College to pay $130,000 of attorney fees incurred in overturning the college’s bad Title IX decision,” Doe’s lawyer Mark Hathaway said. “The student has graduated but Pomona College withheld his degree for a year and the student is still fighting to clear his record.”

thecollegefix-Greg Piper

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U KANSAS Female Student Charged With False Rape Claim. She’s Headed to Trial.

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U KANSAS Female Student Charged With False Rape Claim. She’s Headed to Trial.

A Douglas County judge Thursday denied two motions to dismiss and suppress portions of the case against a KU student accused of falsely reporting a rape to Lawrence police. The case, which was brought in January, will go to trial Oct. 28. The woman faces up to 23 months in prison for three felony counts of making a false report. District Attorney Charles Branson says she fabricated the story out of regret and to get back at her ex-boyfriend. Text messages the female student sent the night of the incident indicated to police that the sex had been consensual.

According to testimony and exhibits in last week’s hearing, the officer asked the woman if she would like to speak about the case. When she asked what he wanted her to say, he gave his opinion on the case and said he hoped for the truth. The woman then said, “this happened,” referring to the alleged sexual assault.

kansascity-K.Bernard    False rape allegations: figuring the figures

 

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RULING: Judge Temporarily Dismisses Doe’s Case Against USC’s Title IX’s Sex Policy

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RULING: Judge Temporarily Dismisses Doe’s Case Against USC’s Title IX’s Sex Policy

Judge Michelle Williams dismissed a sexual assault lawsuit filed against USC by a male student Monday morning. The plaintiff, John Doe, demanded that the University’s sexual misconduct policy be declared unenforceable. John Doe, a USC student currently studying abroad, is accused of sexual misconduct with his ex-girlfriend in his dorm room in 2016. However, it wasn’t until September 2018 that the plaintiff was notified by USC’s Title IX office of a report accusing him of attempted sexual assault and non-consensual sexual contact.

John Doe filed his lawsuit on Feb. 21, 2019, a week after USC adopted a new sexual misconduct investigation policy. Doe complained that this policy does not adhere to the requirements set by multiple California appellate court decisions. In his lawsuit, Doe also sought to ensure that USC would no longer be able to enforce this policy against himself and other students.

According to the Los Angeles Superior Court Judge Michelle Williams, the lawsuit was premature as the plaintiff’s case was still under review by the University. Moreover, the plaintiff’s motion to strike was dismissed, whereas his demurrer was sustained, but postponed. Currently, the court proceedings have been postponed as John Doe is studying abroad.

uscannenbergmedia-Patel, Burke, & Davidson

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TITLE IX UPDATE: Fake Claims of Rape Due to Trauma Are Under Scrutiny

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TITLE IX UPDATE: Fake Claims of Rape Due to Trauma Are Under Scrutiny

The big news in campus sexual misconduct hearings is that believers in trauma-informed adjudications are on the defensive. What that verbal mouthful means is that apparent weaknesses in a complainant’s case—inarticulateness, contradictions, lying, or being too “frozen’’ or fearful of testifying—must not be automatically taken as evidence that sexual trauma has occurred.

In recent years, the one-sided nature of “trauma-informed” training has formed a noticeable trend in the flood of lawsuits filed by accused students. In a lawsuit against Penn, the court cited the university’s trauma-informed training as a key reason why the complaint survived a motion to dismiss. During the Brown university bench trial, the decisive vote in the adjudication panel testified that she ignored exculpatory text messages because of the training she had received. Ole Miss’ trauma-informed training suggested that an accuser lying could be seen as a sign of the accused student’s guilt. And at Johnson & Wales, the university was so disinclined to make public the contents of its training that it refused a request by the accused student’s lawyer to see it before the hearing.

Amidst this legal backdrop came Emily Yoffe’s blockbuster article in the Atlantic. Published on September 2017, the piece reviewed the dubious science behind the trauma-informed training used at many schools. Yoffe’s conclusion: “The result is not only a system in which some men are wrongly accused and wrongly punished. It is a system vulnerable to substantial backlash. University professors and administrators should understand this. And they, of all people, should identify and call out junk science.”

In a remarkable statement, ATIXA, the Association of Title IX Administrators, an organization that generally defended the Obama administration’s accuser-friendly approach to Title IX adjudications, acknowledged that “Emily Yoffe did not win many friends for her critical piece on the topic but ATIXA believes her points needed to be made.”

mindingthecampus-KC Johnson

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RULING. No DNA Evidence-Yet Male Expelled Over Her False TitleIX Rape Claim. Now Male Can Sue Girl For 5 Counts of Defamation.

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RULING. No DNA Evidence-Yet Male Expelled Over Her False TitleIX Rape Claim. Now Male Can Sue Girl For 5 Counts of Defamation.

A federal district judge has allowed a male student’s defamation lawsuit against a female student who accused him of rape to survive a motion to dismiss. The two students attended Syracuse University.

In 2017, the two attended a party at John’s fraternity, which was co-hosted by Jane’s sorority. Surveillance footage from the night showed the two students entering John’s room around 12:30 in the morning. The two awoke in the same bed the next morning, fully clothed, with no memory of what happened the night before.  Jane went for a sexual assault examination. A DNA analysis of Jane’s vagina found no male DNA.

Despite these findings, indicating no sex occurred, Jane reported John to the Syracuse Police Department. Police investigated the claim and closed the case without charging John, since there was no physical evidence that any sexual contact occurred and Jane said in interviews she couldn’t remember what happened that night. Syracuse police forwarded the results of their investigation to the Onondaga County District Attorney’s Office, which conducted its own investigation and came to the same conclusion as the police. The report from the DA concluded, “There is no credible proof of any sexual conduct in this case, consensual or non-consensual.”

In June 2017, however, Jane took her claims to Syracuse University’s Title IX department. Jane initially told school investigators that she had no memory of the night in question but weeks later said she experienced “sudden flashes of memories following a visit to a therapist.” After these allegedly recovered memories, Jane claimed John raped and sodomized her without her consent.

Despite no physical evidence of her claims, Syracuse expelled John based on Jane’s say-so alone. Jane went to John’s fraternity the next day and bragged that “her rapist was expelled.”  Jane then began publicly claiming that John was a “rapist,” which resulted in him losing his internship. John included six instances of Jane’s “defamation.” Judge Mauskopf accepted most of John’s arguments that Jane had defamed him except one.

dailywire-Ashe Schow

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