4th LAWSUIT Against Indiana University: Male Expelled through 2022. Claims Gender Bias.
A male student has filed a federal lawsuit against Indiana University after the Bloomington school investigated a sexual assault complaint against him and determined that even though he “reasonably should not have known” the woman was incapacitated, he was still responsible for nonconsensual sex.
According to John Doe’s complaint against IU, Jane Doe, made the accusation that John had sexually assaulted and exploited her more than eight months after the two had sex. The pair was photographed without their permission while having intercourse and the pictures were subsequently shared. The complaint states that as soon as John learned about the photo, he immediately took action to have the picture removed. A few days later, the university’s Office of Student Conduct contacted John and indicated he may have experienced sexual misconduct. In a meeting with OSC investigators, John was told they wanted to talk about the picture. However, John alleges the statements he made as part of that investigation were then used against him in the sexual assault investigation…Specifically, while John maintained that he had asked for consent, he did not “elaborate on verbal communication” when he was interviewed as a complainant in the photo investigation. Moreover, that complaint states that although the photo investigators found that John did not consent to having the picture taken or disseminated, the sexual assault panel determined he was responsible for the “exploitation.” According to the complaint, a hearing was held Oct. 19, 2018, with three panelists presiding.
The hearing lasted from 1:30 to 8:55 p.m. with most of the witnesses being contacted by phone. Jane’s sister was permitted to testify even though she told the panel she had hit her head and was on her way to the hospital. John’s witnesses were neither contacted by the panel nor mentioned in the final investigation report, although they could have provided information regarding his habit of seeking verbal consent from sexual partners. However, Jane’s friends were contacted and permitted to testify. The complaint describes the investigation as “shoddy.” It also asserts the “gross lack of process and unfairness afforded to John” is in contrast to the “robust and complete process and control over the scope and timing of the investigation afford to Jane.”
The complaint claims IU violated Title IX because John was treated unfairly because of his sex and the university breached its contract with John when it failed to follow its own policies and procedures and was negligent in enforcing its own policies and procedures. Doe claims the university was biased against him because of his gender and, along with damages, is seeking restitution for the years of tuition he paid to IU. This is the fourth lawsuit filed against Indiana University by a male student accused of sexual misconduct. Colleges and universities across the state have been hit with similar complaints, largely from male students claiming their constitutional rights were violated.
theindianalawyer By Marilyn Odendahl
