HUGE TITLEIX Win For Male. Judge Approves Anti-Male Bias Lawsuit Against JWU
A hearing was held on the motion to dismiss and U.S. District Judge John McConnell didn’t think there was any reason to wait months to issue an order in a reverse-discrimination Title IX case against Johnson & Wales University. So he did it from the bench, right after oral arguments had concluded. The Court denied the motion to dismiss on the critical allegation that the university violated Title IX by discriminating against a man in the disciplinary process. The extraordinarily unusual move means trouble for JWU. The facts alleged are:
- The male and female students had at least six sexual encounters, only two of which were at issue.
- The female did not complain for one year.
- The complaint was instigated by the female’s boyfriend, but the boyfriend could not be cross-examined because he served as the female student’s hearing advisor.
- The accused male student was not given a copy of the complaint, he only had it read to him not long before the hearing.
- The investigator who gathered the facts expressed support for the female student from the start.
- The entire process from complaint to adjudication took only five weeks.
- There was a short time to appeal, during which time the male student retained counsel, but the university would not provide the attorney with a copy of the complaint.
- There was no record of the adjudication, making internal appeal and court challenge difficult
There is no transcript of the judge’s ruling currently but Prof. KC Johnson was at the courthouse and gave a tweet-thread summary of oral arguments. He said this bench ruling “appears to be a first” in lawsuits stemming from the Obama administration’s “Dear Colleague” Title IX guidance.
legalinsurrection.com By Jacobson thecollegefix.com By Piper
