DRUNK SEX For Two. John & Jane Are Treated Differently. John Is Punished. Jane Is Not. John Wins in Court. MiamiU Settles w John.
A male college student was incapacitated due to alcohol one night after a party when a female student engaged him in sexual activity. Even though the university knew the male student was too drunk to consent (based on the school’s own policies) it still suspended him after the female student claimed she was sexually assaulted. The school recently settled with the male student. The case led to perhaps one of the most important court decisions regarding cases of campus sexual assault: In cases of credibility (he said/she said situations) cross-examination is an important tool for determining the truth.
Despite Miami University knowing that Jane initiated the sexual contact and that John, by the university’s own policies, was too drunk to consent, it was John who was punished. John and Jane were treated differently during the hearing process. John was provided less than two days to provide all evidence of his innocence, and Jane was allowed to submit a written statement even though she failed to turn it in before a deadline. A single Miami official investigated, prosecuted, and judged John’s case. John says in his lawsuit that this official “dominated John Doe’s hearing with questions and comments designed to deflate John Doe’s credibility while inflating Jane Doe’s credibility.”
John sued after being suspended, and a judge later criticized the school for its treatment of the accused student. On February 20, 2019, the two parties agreed to drop the lawsuit and settle out of court.
dailywire.com By Ashe Schow
